Re: are poetry posted to google copyright protected?


PaPaPeng wrote:
> On 6 Jan 2006 19:35:58 -0800, ptravel@xxxxxxxxxxxxxxxxxx wrote:
>
> >I have no idea to what you're referring, since this thread was
> >cross-posted to misc.int-property after it was started. Jim Walsh's
> >statements about copyright law were wrong, and I corrected them. Your
> >statements about copyright law are, similarly, inaccurate.
>
>
> I was wondering how come US lawyers are responding to a SCC thread. I
> had come across Haines Brown's name from a few years ago on copyright.
> But on the newsgroup header only SCC is listed. Any idea how it gets
> cross-posted?

I have no idea. I saw it in misc.int-property.

>
> Anyway I am no lawyer but had gone through the patent process as an
> inventor.

I'm an intellectual property lawyer.

> Its a pretty tough job to claim originality etc. although
> mine had been accepted.

Patent and copyright are two different species of intellectual property
protection. Patent protects inventions which are novel, useful and
non-obvious. Copyright covers original expression. There is no
novelty requirement for copyright.

> My reading of the copyright laws is that it
> is overly broad.

I don't know how to respond to that. Copyright protects that which
copyright protects, i.e. original works of authorship fixed in a
tangible medium.

> While it gives encouragement for anyone to claim
> copyright what are the practical aspects of succeeding in a claim,
> especially for a set of expressions in words posted over the Internet.


The practical aspects are damages, both actual and statutory, and
injunctive relief, the same as in patent.

> I believe there is a professional obligation to discourage frivolous
> claims.

There is (and a legal obligation as well). Nothing we've been
discussing has to do with frivolous claims.

.

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