Re: SXMACLIB

"Joe Monk [email protected] [H390-MVS]" <[email protected]> Sat, 28 Sep 2019 08:02:19 -0500
Newsgroups gmane.comp.emulators.hercules390.mvs
Message-ID <CAPcd4G9gos_naFDXFeYEhOYUvHT3s_+u92cF-1oqJ64tZhk0jg@mail.gmail.com>
Here's the latest word from SCOTUS on the issue:

"But as explained supra, at 3, *the Copyright Act safeguards copyright
owners, irrespective of registration, by vesting them with exclusive rights
upon creation of their works and prohibiting infringement from that point
forward.* *If infringement occurs before a copyright owner applies for
registration, that owner may eventually recover damages for the past
infringement, as well as the infringer’s profits. *§504. She must simply
apply for registration and receive the Copyright Office’s decision on her
application before instituting suit..."

https://www.supremecourt.gov/opinions/18pdf/17-571_e29f.pdf

Notice what the Supreme Court said ... "upon creation". The date of
registration is irrelevant, it is the date of creation that matters. And as
the Supreme Court also held, infringement occurring before registration is
actionable.

Joe

On Sat, Sep 28, 2019 at 7:44 AM Gerhard Postpischil [email protected]
[H390-MVS] <[email protected]> wrote:

>
>
> On 9/28/2019 8:32 AM, kerravon86-/[email protected] [H390-MVS] wrote:
> > Yes, 1989 when the US signed up to the
> > Berne convention. So post-MVS 3.8J.
> > Joe is claiming an earlier date for a
> > change, but that's the first I've heard of
> > that.
>
> I registered material in 1980, and got a response that the copyright
> statement was incorrect (printer put "yyyy copyright" instead of
> "copyright yyyy"), so at that time it was still required.
>
> Gerhard Postpischil
> Bradford, VT
>
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