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Re: Settlements

From: Hyman Rosen
Subject: Re: Settlements
Date: Sun, 28 Feb 2010 23:01:54 -0500
User-agent: Mozilla/5.0 (Windows; U; Windows NT 6.0; en-US; rv:1.9.1.7) Gecko/20100111 Thunderbird/3.0.1 
On 2/27/2010 10:53 AM, John Hasler wrote:

"innocent infringement"


Innocent infringement occurs when you have reason to believe that
a work you are copying is not under copyright. Having a copyright
notice attached to the work defeats such a claim. In fact, in a
just-decided case
<http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/maverick_harper_100225FifthCirDecis.pdf>
the Fifth Circuit decided that the mere fact that songs were
available on CDs which carried copyright notices was sufficient
to defeat such a defense, whether or not the defendant ever
actually saw them.
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