Comments on: Using CMI to Sue for Unregistered Works

By: Foreign Copyright Holders and the USCO | PlagiarismToday

Foreign Copyright Holders and the USCO | PlagiarismToday — Thu, 11 Mar 2010 21:51:07 +0000

[...] a lawsuit. Also, you may still be able to sue and collect significant damages for the removal of copyright management information if it is an element of the [...]

By: Image Watermark Hijacking | PlagiarismToday

Image Watermark Hijacking | PlagiarismToday — Wed, 10 Mar 2010 14:30:50 +0000

[...] watermark would constitute removal of Copyright Management Information (CMI) and such infringements can accrue significant damages, even if the work is not registered. This makes it a very practical infringement to sue [...]

By: Why You Should License Your Work | PlagiarismToday

Why You Should License Your Work | PlagiarismToday — Thu, 25 Jun 2009 12:08:14 +0000

[...] In addition, depending on how the license is affixed to the work, it may be considered copyright management information (CMI), which adds another avenue for a lawsuit, should an infringement rise to that, and it can be especially useful when suing for infringements of works that were not registered at the time of the infringement. [...]

By: PlagiarismToday » How the Copyright Office Hurts Bloggers

PlagiarismToday » How the Copyright Office Hurts Bloggers — Tue, 31 Jul 2007 17:51:47 +0000

[...] there is one kind of copyright infringement that does not require a registration to sue for, the removal or falsifying of copyright management information (CMI). This is basically the removal of attribution, copyright information or licensing data from a [...]

By: Jeremy Steele

Jeremy Steele — Mon, 09 Jul 2007 02:10:50 +0000

Good to know, thanks!

By: JB

JB — Mon, 09 Jul 2007 01:47:10 +0000

Jeremy,

The answer to the question is simple: Yes

The answer is found in section 512 under subsection (g)(3)(D)

See it here: http://www.copyright.gov/title17/92chap5.html#512

They can file a counter notice and the only special requirement is that they consent to the jurisdiction where the provider is located rather than the one they reside in (which would not exist).

Foreigners have all of the same rights to counter-notice as residents of the country. The law was designed to ensure that.

By: JB

JB — Mon, 09 Jul 2007 01:47:10 +0000

Jeremy,

The answer to the question is simple: Yes

The answer is found in section 512 under subsection (g)(3)(D)

See it here: http://www.copyright.gov/title17/92chap5.html#512

They can file a counter notice and the only special requirement is that they consent to the jurisdiction where the provider is located rather than the one they reside in (which would not exist).

Foreigners have all of the same rights to counter-notice as residents of the country. The law was designed to ensure that.

By: Jeremy Steele

Jeremy Steele — Mon, 09 Jul 2007 01:13:19 +0000

But there is the catch, can the foreigners legally file a counter-notice, or do they not have the legal capacity to because they aren’t in the U.S. thus aren’t subject to U.S. DMCA laws? I’ve yet to get a good answer out of anyone, some say yes, some say no, and some say try suing one just to see, lol.

By: Jeremy Steele

Jeremy Steele — Sun, 08 Jul 2007 20:13:19 +0000

But there is the catch, can the foreigners legally file a counter-notice, or do they not have the legal capacity to because they aren't in the U.S. thus aren't subject to U.S. DMCA laws? I've yet to get a good answer out of anyone, some say yes, some say no, and some say try suing one just to see, lol.

By: JB

JB — Sun, 08 Jul 2007 19:34:45 +0000

Jeremy,

True, which is why we are fortunate to have the DMCA and other tools that let us hit back at foreign plagiarists without filing suit.

Aaron,

Very true as well, though in both cases some element of registration is required. Either way, the USCO is the door to a Federal courtroom, as frustrating as that can be.