[Oscri] Anybody won a court dispute thanks to a registry?

Mike Linksvayer ml at creativecommons.org
Mon Dec 14 12:17:22 EST 2009


"also have to be considered as a tool for avoiding any dispute"

Indeed. And as a tool for increasing certainty and thus encouraging use. On
that note would be interesting to see research on whether privately
registered works get used more than works not privately registered.

Mike


On Mon, Dec 14, 2009 at 9:03 AM, Javier Prenafeta <
jprenafeta at safecreative.org> wrote:

>
> Hi,
>
> As Mario noticed, we haven't got any dispute on private registrations and,
> as far as I know, in Spain there have been only a few cases regarding
> Creative Commons Licenses, basically against collecting societies destroying
> the legal presumption of using their music by pubs.
>
> Anyway, no cases can reflect the deterrent effect of private registries, as
> not also the registry informs the authorship and works' rights, but also
> have to be considered as a tool for avoiding any dispute.
>
> Regards,
>
>
>
>
> 2009/12/11 Mario Pena <mpena at safecreative.org>
>
> Hi Roland and rest of friends,
>>
>> I'm on a trip right now and have little Internet connection, but as far as
>> I know we don't have any information regards private online registrations
>> being used on court. We have been contacted by several users from Safe
>> Creative telling us they were about to go to court because some plagiarisms.
>> We haven't had any news since but asked them to keep us updated so if we get
>> any information will give you feedback.
>>
>> Right now we have around 180.000 registrations so don't think it will take
>> much time until a case might start.
>>
>> IANAL so I don't know how a test case could work. Maybe you can state a
>> proposal and we can give some thoughts upon it...
>>
>> Sounds like a good idea but really don't know if it's something we really
>> could do.
>>
>> BTW, hope you all have a happy new year!
>>
>> Bests,
>>
>> Mario
>>
>>
>>
>>
>>
>> On Thu, Dec 10, 2009 at 8:51 PM, Roland Alton-Scheidl <ras at osalliance.com
>> > wrote:
>>
>>>
>>> Hi,
>>>
>>> who is aware of a court dispute, where the registration of a work helped
>>> arguing for the right holder? Is there any such case, where the work was
>>> Creative Commons licensed?
>>>
>>> Registered Commons has not supported any court case so far. That's good
>>> for
>>> the right holders, as the idea of our registry was always to foster
>>> regardfulness and not to fund lawyers.
>>>
>>> However, some people who plan to integrate a registry into their service
>>> portfolio would like to see it shock-proofed. We were already thinking to
>>> launch a test case at court, but this is a major effort and may take
>>> years.
>>>
>>> Best,
>>> Roland
>>>
>>> --
>>> Roland Alton-Scheidl, Member of the Board
>>> www.osAlliance.com www.RegisteredCommons.org
>>> ras at osAlliance.com
>>> T + 43 5080 20620, M +43 664 1547588
>>> Internationaler Medienverbund reg.Gen.m.b.H.
>>> Marktstrasse 4  A-6850 Dornbirn FN 218498x HG Wien
>>>
>>> _______________________________________________
>>> OSCRI mailing list
>>> OSCRI at lists.ibiblio.org
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>>>
>>
>>
>>
>> --
>> Mario Pena (Community and Business Manager)
>> mpena at safecreative.org
>> http://www.safecreative.org
>> http://www.linkedin.com/in/mariopena
>>
>> http://www.facebook.com/marioantoniopena
>> http://twitter.com/safecreative
>>
>> Tel: (+34) 606 974 812
>>
>> _______________________________________________
>> OSCRI mailing list
>> OSCRI at lists.ibiblio.org
>> http://lists.ibiblio.org/mailman/listinfo/oscri
>>
>>
>
>
> --
> Javier Prenafeta
> Asesor Legal / Legal Advisor
> Safe Creative
> jprenafeta at safecreative.org
> www.safecreative.org
>
> _______________________________________________
> OSCRI mailing list
> OSCRI at lists.ibiblio.org
> http://lists.ibiblio.org/mailman/listinfo/oscri
>
>


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