From: Laura Quilter <[log in to unmask]>
Date: Tue, 17 Dec 2013 21:30:49 -0500

Do journals typically register each article individually?  I had
thought compilation registrations were more typical?

----------------------------------
Laura Markstein Quilter / [log in to unmask]
Attorney, Geek, Militant Librarian, Teacher

Copyright and Information Policy Librarian
University of Massachusetts, Amherst
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Lecturer, Simmons College, GSLIS
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On Tue, Dec 17, 2013 at 6:44 PM, LIBLICENSE <[log in to unmask]> wrote:

> From: David Hansen <[log in to unmask]>
> Date: Tue, 17 Dec 2013 10:09:04 -0500
>
> Even without the written transfer, I would bet that most big
> publishers go ahead and register the work with the (C) office anyway,
> just as a matter of course (although they shouldn't. Cf. 17 USC 506(c)
> & (e) -- fraudulent copyright notice and false representation on
> registration, though these are seldom used provisions).  In court, the
> registration certificate is prima facie evidence of the validity of
> the facts stated on the certificate, which includes a statement about
> ownership.
>
> In terms of asking for proof under the DMCA -- the DMCA notice
> requires a statement, under penalty of perjury, that the complaining
> party is authorized to act on behalf of the owner of an exclusive
> right. But as far as I know, I think that's it.  The service provider
> can ask for clarification for some enumerated reasons, but I don't
> think ownership is one of them.  I do know, however, that Google
> sometimes declines DMCA notices by saying " It is unclear to us
> whether or not you are the authorized copyright agent for the content
> in question" and asking for more information. So if Google is willing
> to do it, maybe others
>
> Interesting to learn about the "written acknowledgement" license
> practice, Chuck. Contract trap indeed.
>
> Dave
>
> ----------
> David R. Hansen
> Reference Librarian, UNC School of Law
> Digital Library Fellow, UC Berkeley School of Law
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