Den 04.01.2007 kl. 23:18 skrev cooper3acd <[EMAIL PROTECTED]>:

> How it works in the courts...
>
> I did a bit of research as to how it works in the courts.
>
> There are 2 main parts:
> 1) Did they violate someone's copyright? (YES in this case)
> 2) Were there damages to the copyright holder?
>
> If the 2 conditions are met, the court then decides an "appropriate"
> penalty/award. The award has a lot to do with the damages that can be
> substantiated, as well as the original intent (for instance, was it
> malicious or inadvertant).

Not in the US. To be able to collect statutory damages (ie. damages set by  
the court) you need to have your work registered with the copyright  
office. So do that before sueing - IIRC you have 90 days after publication  
to register.
If you work is not registered with the copyright office you can only sue  
for proven, actual damages.

- Andreas, IANAL either
-- 
Andreas Haugstrup Pedersen
<URL: http://www.solitude.dk/ >

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