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 [log in to unmask] Lecturer, Simmons College, GSLIS [log in to unmask] 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 > [log in to unmask] > [log in to unmask]