Re: He's done it again. 2/2

Edmund writes : 
"One thing which leaps to
mind -- and I'm possibly very wrong on this, since I'm
not a lawyer by any means -- but doesn't copyright
law require the entity holding the copyright to
actively defend it? In other words, are the entities whose
works are
plagiarized required to go after QU or
lose their copyright? If so, we should get cracking
NOW."

>From an attorney : 

In a word, no.


While the law _does_ work that way in _trademark_
cases, it does not for copyright infringement cases.
There is no vigorous defense requirement for copyright.
However, a copyright defendant _can_ assert a defense
known as "laches," which can let him/her off the hook
the judge/jury are persuaded that plaintiff "sat on"
his/her rights ; however, this does _not_ mean that the
copyright holder forfeits his/her future rights against
anyone, including the defendant who succeeds with a
laches defense. 

A copyright notice was required
in the past to have any rights at all, but that has
been untrue since the United States joined the Berne
Convention a few years back (Incidentally, the new
post-Berne rules apply to work created before the Berne
Convention rules adoption.) Beth is correct (at least with
regards to US citizens or entities) when she says that
the copyright holder must register their copyright
before filing a lawsuit against an infringing party.


-Tim

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