Re: [gtk-list] Re: GNUing question

[Scott Goehring <scott poverty bloomington in us>]

"nelson-gtk" == nelson-gtk  <nelson-gtk@crynwr.com> writes:

nelson-gtk> Depends on what you expect to happen if someone copies
nelson-gtk> your software in opposition to the copyright permissions.
nelson-gtk> If you have failed to register your copyright, you can
nelson-gtk> only sue for actual damages.  If it's registered, you can
nelson-gtk> sue for statutory penalties and treble damages.

AFAIK, there's no treble damages in copyright.  (I think that's
trademark law.)  However, registration also entitles you to recover
attorney's fees and costs (17 USC 505).  The statutory penalty is in
lieu of (not in addition to) actual damages (17 USC 504).  Further,
timely registration creates a presumption that the person claimed to
be the owner in the registration is the owner of the work (17 USC
410(c)).  And registration is prerequisite to bringing an infringement
suit in practically all cases (17 USC 411).