Quote:
Originally Posted by
riffwraith
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but suing someone for plagiarism or defending yourself against a claim of plagiarism, requires registration with the copyright office, regardless of what he Berne treaty says.
No it doesn't. And ignoring one of the basic blocks of the international copyright standards is foolish.
If Person A writes a song and Person B hears it, plagiarizes it, and "registers it", Person A can sue Person B. Person B saying "I registered it" will not be any backing in a court of law when Person A can show work product, other persons testifying to the writing process, and/or Person B having listened to it prior to their own work.
In US civil law, you have to sue for
something. In copyright law, you are suing to be the copyright holder (in addition to possibly other financial gain.) When you are suing, you have to file a claim to the Registration office because you are saying "no, the other guy has no claim" I'm claiming it. It can be rejected (and will be because there is already another person claiming that work unless the Registrar decides to invalidate the prior claim) but that is part of the point because then it goes to court. But you do not have to be a pre-existing registrar of the work.
The Berne Convention HR amendment was to make a carve out for US domestic law for application to US citizens. That is what that means. The US wouldn't adopt (and this in the general US policy) international treaties that affect US Citizens if there is US domestic law that can apply.