Legal Question in Intellectual Property in California
Common Law Copyright & Educatoinal material
If a work is protected under a common law copyright, can the copyright owner seek monetary damages (even if the poster never profited from it or hurt the value of the work)?
Also, if the work is educational, can the copyright owner demand the work be removed from a non-profit educational website even if the copyright is credited to the owner somewhere in the document? For example, a simple checklist on steps to avoid STDs was written by person A, and person B likes it and posts it on his website to help educate people, but still gives credit to Person A. Can A demand and/or sue to have it removed?
1 Answer from Attorneys
Re: Common Law Copyright & Educatoinal material
The Copyright Act of 1976 eliminated Common Law Copyright. Since the US adaption of the Berne Convention in 1989, copyright ownership may exist without copyright registration. However, the timing of registration in relation to publication and/ or infringement may affect the damages awarded by a court. Furthermore, whether the work contained a copyright notice may affect whether the alleged infringement was unintentional.
Copyright extends to original works of authorship, but only to works that meet a minimum level of creativity. Thus lists of information or instructions with a short sequence of steps or even telephone books may not be copyrightable at all.
If you are being approached for damages, then you should review the specifics of your case with a copyright attorney.
Regards,
Don Cox
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