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Re: SFLC stipulated dismissal of Comtrend without any settlement

From: Hyman Rosen
Subject: Re: SFLC stipulated dismissal of Comtrend without any settlement
Date: Tue, 04 May 2010 16:13:11 -0000
User-agent: Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv: Gecko/20091204 Thunderbird/3.0

On 4/9/2010 11:51 AM, RJack wrote:
You can only claim infringement for works that *you* own.
Register *your* contribution and stop claiming rights to
ownership of a derivative work as a whole.

That's what registration of copyright means; it reflects the
registrant's ownership of rights, but does not impugn the
rights of any other holder.

    In addition to the copyright notices, McFarlane registered
    copyright on the issues and the books. But to suppose that
    by doing so he provided notice to Gaiman of his exclusive
    claim to the characters is again untenable. Authors don’t
    consult the records of the Copyright Office to see whether
    someone has asserted copyright in their works; and anyway
    McFarlane’s registrations no more revealed an intent to
    claim copyright in Gaiman’s contributions, as distinct from
    McFarlane’s own contributions as compiler and illustrator,
    than the copyright notices did. The significance of
    registration is that it is a prerequisite to a suit to
    enforce a copyright.

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