in addition to my other posts:

On Dec 12, 1995 17:36:32 in article <Re: Copyright and images on the web>,
'Susan Wageman <[log in to unmask]>' wrote:

>Trademark and Copyright law are two different creatures. (Standard "I am
>not a lawyer" disclaimer).  Since the US signed the Berne Convention
>regarding international copyright, it is not necessary to register
>a copyright to be protected.  In fact, you no longer lose your copyright
>if you do not indicate that your creative work IS copyrighted.  While
>publishing something on the web may make it easier for someone else to
>infringe on your copyright, you cannot lose your copyright by publishing
>on the web, or anywhere else.
>By the way, there are serious advantages to registering your copyright,
>specifically in terms of the amount of damages that may be awarded to you
>if someone infringes on your copyright.

you are right: you don't lose your copyright if you either don't register
or if you don't include the mark, you lose the monetary awards from a court
ruling -- and that can be quite a bit of money. still, the original
question was, i think, about ignoring 'minor' infringements, especially on
the web, and specifically if they are, by some standard or other, 'lo-res.'
in that case, to restate my opinion, you risk losing awards -- and possibly
control/ownership to public domain -- if the case you *do* pursue/sue
brings out your negligence in not pursuing the other 'infringements.' i
don't think that an individual copyright holder can decide who is
infringing and who isn't simply by negligence. my suggestion in my other
post is to follow up any infringement you come across or are made aware of
[and which you want to permit] by contacting the infringing party and
requiring him/her to submit a written request for permission to use and a
fee [at your discretion; it can be very small, like $1] and then sending a
written permission that *explicitly* outlines exactly how the other party
may use your work. if i may be permitted a bit more bandwidth, the
punchline to the following is pertinent here:

the great tomaschevsky was performing in a play in new york many years ago.
in the middle of act two, he suddenly collapsed on-stage. a hush came over
the audience as the famous yiddish actor was examined, first by the stage
manager and then by a doctor. finally, the stage manager, in tears,
announced, 'the great tomaschevsky is dead.' from the far reaches of the
third balcony, a tiny voice called out, 'give him a glassella tea!' the
manager reiterated, 'but he's dead!' again the voice cried, 'give him a
glassella tea!' the manager begged, 'but he's dead! it won't help!'

'yeah?' came the voice. 'but it wouldn't hurt!'

--
Brian A Padol, RECAP: Publications, Inc.
[log in to unmask] <=> [log in to unmask] <=> http://www.inch.com/~rpi/

http://www.users.nyc.pipeline.com/~rpi/

Book publishers, producers, and agents. If you have a book or book idea or
need advice or help with a book project or DTP, or just want to email or
chat, let me know.