Some useful information for all non-US copyright holders who may need to file a suit in the US for copyright infringement:
An article on Mondaq by James Trigg and Harris W. Henderson, points out an interesting decision [Elsevier B.V. v. UnitedHealth Group, Inc., No, 9 Civ. 2124 (S.D.N.Y. January, 14, 2010)] by the Southern District Court of New York which affects all non-US copyright holders.
In brief, the article points out that the court essentially held that certain formality-requiring provisions of the US Copyright Act cannot be challenged under the Berne Convention as it is not a self-executing treaty. [The Berne Convention states that the enjoyment and exercise of copyright shall not be subject to any formality] The formalities in question require the registration of copyrights by the owner with the US Copyright Office prior to an infringement, or at the most within the 3 month grace period after publication in order to be eligible for statutory damages and attorney fees. US is the only country where such a requirement is necessary. Thus a plaintiff would be required to prove actual damages and/or profits made by the defendant alleged with infringement in the absence of the plaintiff's registration of the copyright.
See the full article for more details on the case.
An article on Mondaq by James Trigg and Harris W. Henderson, points out an interesting decision [Elsevier B.V. v. UnitedHealth Group, Inc., No, 9 Civ. 2124 (S.D.N.Y. January, 14, 2010)] by the Southern District Court of New York which affects all non-US copyright holders.
In brief, the article points out that the court essentially held that certain formality-requiring provisions of the US Copyright Act cannot be challenged under the Berne Convention as it is not a self-executing treaty. [The Berne Convention states that the enjoyment and exercise of copyright shall not be subject to any formality] The formalities in question require the registration of copyrights by the owner with the US Copyright Office prior to an infringement, or at the most within the 3 month grace period after publication in order to be eligible for statutory damages and attorney fees. US is the only country where such a requirement is necessary. Thus a plaintiff would be required to prove actual damages and/or profits made by the defendant alleged with infringement in the absence of the plaintiff's registration of the copyright.
See the full article for more details on the case.
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