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November 2004

VA-ROOTS@LISTLVA.LIB.VA.US

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Subject:
From:
Paul Drake <[log in to unmask]>
Reply To:
Paul Drake <[log in to unmask]>
Date:
Sat, 13 Nov 2004 21:06:28 -0600
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You are correct, Trueman, and as the Ohio Supreme Court said more than a century ago, "Happily, the law has devices to deal with cheats of the newest invention".

HOWEVER, the problem is NOT that the law lacks in such methods and means to deal with crooks and thieves of intellectual products - plagiarizers.  The problem is in gaining a remedy in the form of money ($) for such transgressions and thereby compensating writers for their loss.

It is one thing to say that I may go to court and be paid by the perpetrator for my damages.  It is quite another to tell me how I travel to the State - maybe from VA all the way to OR - where the crook lives (which is usually required), there hire a lawyer, wait for months or years for trial, provide witnesses and pay courts' costs and travel and expenses for everybody helping me, go to trial at VERY high cost once again, prove my case and also PROVE my monetary damages through witnesses, etc., and then hope for a verdict sufficient to offset my costs, expenses, fees, and those damages.  Bear in mind also that if the crook has no money, my judgment against him/her might as well be relegated to use as bathroom tissue. 

The whole process is almost impossible for other than a theft of works of mine that are of great value; my books will never be NY Times Best Sellers, nor will the Book of the Month Club use it as their featured selection.

    

-- Original Message ----- 
  ....there is a legal principle in copyright called "appropriation." This  concept prohibits using
  another's reputation, accomplishments, etc.--such as a picture of a famous
  athlete--for profit without the athlete's  express permission. This protects
  the athlete from having profiteers use his reputation to make money for
  themselves.

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