tag:blogger.com,1999:blog-12505562.post112666344423402996..comments2024-03-15T11:42:21.265-04:00Comments on The Patry Copyright Blog: Remedies in Architecture CasesWilliam Patryhttp://www.blogger.com/profile/12987498082479617363noreply@blogger.comBlogger27125tag:blogger.com,1999:blog-12505562.post-1159161670457302922006-09-25T01:21:00.000-04:002006-09-25T01:21:00.000-04:00Debt Consolidation Debt Help Home Loans Student Lo...<A HREF="http://www.debtspaidoff.com/why.htm" REL="nofollow">Debt Consolidation</A><BR/> <A HREF="http://www.debtspaidoff.com/apply.htm" REL="nofollow">Debt Help Home Loans Student Loan Consolidation</A> can help you reduce your interest burden by charging an interest rate lower than the rate on your existing loans. Debt consolidation loan can also allow you to make small monthly payments...... <BR/>http://www.debt-consolidation.com<BR/><A HREF="http://www.debtspaidoff.com/why.htm" REL="nofollow">Debt Consolidation</A><BR/> <A HREF="http://www.debtspaidoff.com/apply.htm" REL="nofollow">Debt Help Home Loans Student Loan Consolidation</A> can help you reduce your interest burden by charging an interest rate lower than the rate on your existing loans. Debt consolidation loan can also allow you to make small monthly payments...... <BR/>http://www.debt-consolidation.com<BR/>http://www.debtspaidoff.comAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1146503459317435722006-05-01T13:10:00.000-04:002006-05-01T13:10:00.000-04:00Love the information here. It helped me finish a r...Love the information here. It helped me finish a report I was working on! Thanks<BR/><BR/><BR/><BR/><BR/><A HREF="http://www.as-seen-on-tv-promotions.com/destiny1.htm" REL="nofollow">promotions</A>Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1145560745055454162006-04-20T15:19:00.000-04:002006-04-20T15:19:00.000-04:00Love the commenting. Great posts. Great job! :-)He...Love the commenting. Great posts. Great job! :-)<BR/><A HREF="http://www.blotnetwork.com" REL="nofollow">Help Quit Smoking Forever</A>Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1144674377250721992006-04-10T09:06:00.000-04:002006-04-10T09:06:00.000-04:00Very nice content! Love this blogVery nice content! Love this blogAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1144674288284855602006-04-10T09:04:00.000-04:002006-04-10T09:04:00.000-04:00Sweet site. Great content and I agree with the las...Sweet site. Great content and I agree with the last post!<BR/><BR/><BR/><A HREF="http://www.cheap-cellularphone.com" REL="nofollow">Newest Cellular Phones</A><BR/><BR/><A HREF="http://www.cheap-cellularphone.com" REL="nofollow">Newest Nokia Cellular Phones</A>Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1140807984851412372006-02-24T14:06:00.000-05:002006-02-24T14:06:00.000-05:00Great commenting. Great posts. Great job! :-)Golf ...Great commenting. Great posts. Great job! :-)<BR/><A HREF="http://www.golf-equipment-deals.com" REL="nofollow">Golf Equipment Supply</A>Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1140712037876796662006-02-23T11:27:00.000-05:002006-02-23T11:27:00.000-05:00I couldn't agree anymore. Keep up the great work :...I couldn't agree anymore. Keep up the great work :-)<BR/><A HREF="http://www.low-costhealth-insurance.com" REL="nofollow">Low Cost Health Insurance</A>Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1140622731168577132006-02-22T10:38:00.000-05:002006-02-22T10:38:00.000-05:00I really agree with that.Cheap Cellular PhonesI really agree with that.<BR/><A HREF="http://www.cheap-cellularphone.com" REL="nofollow">Cheap Cellular Phones</A>Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1140449171902619872006-02-20T10:26:00.000-05:002006-02-20T10:26:00.000-05:00I think you must read copyright.orgI think you must read copyright.orgAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1140198027626003252006-02-17T12:40:00.000-05:002006-02-17T12:40:00.000-05:00I would have to say I agree about 50% of what your...I would have to say I agree about 50% of what your saying. Hey maybe I am upside<BR/>down, but I feel right side up! :0)<BR/><A HREF="http://www.debt-consolidationservices.com" REL="nofollow">Debt Consolidation Services</A>Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1140098635569926742006-02-16T09:03:00.000-05:002006-02-16T09:03:00.000-05:00All these post rock except for the last one!Ionic ...All these post rock except for the last one!<BR/><A HREF="http://www.ionicair-purifier.com" REL="nofollow">Ionic Air Purifiers</A><A HREF="http://www.ionicair-purifier.com" REL="nofollow">Pro Ionic Air Purifiers</A>Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1140097539876574392006-02-16T08:45:00.000-05:002006-02-16T08:45:00.000-05:00I am personally up in the air with the remark. To ...I am personally up in the air with the remark. To each's own :0)<BR/><A HREF="http://www.homeowner-insurance-quote.com" REL="nofollow">Home Owner Insurance</A>Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1140096436595932102006-02-16T08:27:00.000-05:002006-02-16T08:27:00.000-05:00Nice post William. I agree!-MikeDebt Consolidation...Nice post William. I agree!<BR/><BR/><BR/>-Mike<BR/><A HREF="http://www.debt-consolidationservices.com" REL="nofollow">Debt Consolidation Services</A><BR/><BR/><A HREF="http://www.debt-consolidationservices.com" REL="nofollow">Credit Card Debt Consolidation Services</A>Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1140014654324982722006-02-15T09:44:00.000-05:002006-02-15T09:44:00.000-05:00Maybe I am backwards but I agree. That is why I co...Maybe I am backwards but I agree. That is why I come back frequently :0))<BR/><A HREF="http://www.disaster-recoveryservices.com" REL="nofollow">Disaster Recovery</A><BR/><A HREF="http://www.disaster-recoveryservices.com" REL="nofollow">Disaster Recovery Services</A>Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1140013668122408912006-02-15T09:27:00.000-05:002006-02-15T09:27:00.000-05:00Credit Card company. Pop me a email. I have two ve...Credit Card company. Pop me a email. I have two very good perl programmers..<BR/>-Mike<BR/><A HREF="http://www.voipphone-service.com" REL="nofollow">Broadband Voip Phone Services </A><BR/><A HREF="http://www.voipphone-service.com" REL="nofollow">Voip Phone Services </A>Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1138486330857346852006-01-28T17:12:00.000-05:002006-01-28T17:12:00.000-05:00In search of a PERL programmer for my site http://...In search of a PERL programmer for my site http://www.credit-cardcompany.com Swing by and let me know<BR/><A HREF="http://www.credit-cardcompany.com" REL="nofollow">"Credit Card Company"</A><BR/>My website provides information on credit cards and credit reports. Mostly<BR/>low interest credit cards. Looking for PERL help so I can parse large<BR/>text files. If interested email meAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1137623591894001802006-01-18T17:33:00.000-05:002006-01-18T17:33:00.000-05:00Hello I came across your blog. I think it is reall...Hello I came across your blog. I think it is really informational. The blog is sweet and I am glad I found it. I am trying to get a blog going myself. If you do not mind I added it to my favorites and would love to come back and periodically check in. I started a website and I am trying to get a blog off the ground like yours. It is about voice over ip. You can see it here: <A HREF="http://www.voipphone-service.com" REL="nofollow">Voip Phone Services </A><BR/>The blog is on the left navi panel. Anyways. Have a good day and once again very cool blog.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1127756199523862552005-09-26T13:36:00.000-04:002005-09-26T13:36:00.000-04:00Isn't an architectural work a derivative work from...Isn't an architectural work a derivative work from the underlying architectural plans? And if so, aren't the Palmetto remedies (other than the injunction against sale)properly directed to the invasion of the derivative right?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1127468493766553702005-09-23T05:41:00.000-04:002005-09-23T05:41:00.000-04:00Have to disagree with you on this one . . .First, ...Have to disagree with you on this one . . .<BR/><BR/>First, according to my friends who represented the plaintiff, the copyright at issue WAS in the architectural work, not just the technical drawings. <BR/><BR/>Second, the basis of the court's decision was the first sale doctrine -- which you do not mention or discuss. As discussed in the opinion, it is settled law that resales of infringing copies are acts of infringement because there has been no "lawful first sale" of the infringing copy. Under the AWCPA, an infringing building is considered a "copy" of the protected work. What the Palmetto Builders court did was to simply apply the first sale doctrine to such "copies" of protected architectural works. What's the flaw this analysis? Should we just ignore the "first sale" cases, or hold that architectural works are to be treated differently from other works (which as you know would violate the legislative history of the AWCPA).<BR/><BR/>Third, the court did not hold that mere ownership was distribution. What the court noted was that any *future* sale of the houses (and people do tend to sell their houses eventually, y'know) would be an act of infringement, and that an injunction was preferable to a multiplicity of suits. That's hardly groundbreaking; indeed, in CTA4, permanent injunctive relief is practically required if infringement is found and the defendant does not establish that future infringement is impossible. (See the Lyons Partnership v. Morris Costumes case on this). <BR/><BR/>Fourth, the argument that architectural works must be "movable" to implicate the distribution right is at odds with just about all the AWCPA cases I'm aware of. Constructed buildings are rarely moveable, yet it is clear that under the AWCPA, the sale of an infringing building is an act of infringement. Again, are you suggesting that architectural works must be treated differently than other works? And if so, what of the contrary legislative history? <BR/><BR/>Is the result in this case harsh? Sure. Does it depart from settled law? Not that I can see. <BR/><BR/>(Disclosure: I handle a large number of AWCPA lawsuits, and have been making the argument adopted by the Palmetto Builders court for years.)<BR/><BR/>LKB in HoustonAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1126810809904725522005-09-15T15:00:00.000-04:002005-09-15T15:00:00.000-04:00I looked up the registration summaries at http://w...I looked up the registration summaries at http://www.copyright.gov and it's more confusing than either of us thought. VA 711-478, the "Wedgewood" plan, has a "retrieval code" of "1", meaning "Architectural works in which the drawings only are being claimed", not "3", which indicates the underlying work is being claimed. VA 1-133-719, the "Newcastle" plan, has a retrieval code of "3." There is a note that the claim is limited to "NEW MATTER: architectural work" by Evans Group. However, the original registration for the Newcastle, in 1999, VA 1-100-941, also is classified as an "architectural work." The court refers to the plaintiff acquiring "exclusive rights" in the "copyrighted architectural plans," but it's unclear to me whether that included the underlying work in the case of the Newcastle. In any event, at the very least, the Wedgewood registration, which was filed in 1995, does not appear to claim an architectural work.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1126796803532187282005-09-15T11:06:00.000-04:002005-09-15T11:06:00.000-04:00"For the same reasons, monetary relief for infring..."For the same reasons, monetary relief for infringement of the plans is limited to things like lost license fees; it does not include lost profits from the construction of the building nor defendant's profits from the sale of an infringing structure. If you want those type of remedies you have to sue for infringement of the architectural work."<BR/><BR/>Any way I could get a cite for this?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1126747021994158702005-09-14T21:17:00.000-04:002005-09-14T21:17:00.000-04:00Bruce:The registrations were for plans and that's ...Bruce:<BR/><BR/>The registrations were for plans and that's what the opinion refers to, so no injunction over construction of the house: the same applies to blueprints.William Patryhttps://www.blogger.com/profile/12987498082479617363noreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1126727592665325332005-09-14T15:53:00.000-04:002005-09-14T15:53:00.000-04:00Thanks, I've wondered about the extent of copyrigh...Thanks, I've wondered about the extent of copyright for blueprints.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1126720658056827542005-09-14T13:57:00.000-04:002005-09-14T13:57:00.000-04:00Right, but I wasn't talking about the homeowner as...Right, but I wasn't talking about the homeowner as buyer, the injunction prohibits resale -- i.e., the homeowner acting as seller. A public distribution under Section 106 occurs "by sale or other transfer of ownership, or by rental, lease, or lending;" there's nothing about movement. Works can be publicly distributed, even if they never leave the warehouse, as long as a transfer of ownership to a member of the public has occurred.<BR/><BR/>Assuming you are correct that only plans, and not architectural works, are at issue, then it seems to me the houses do not infringe the plans in the same way a cake does not infringe the protected expression in a recipe. However, perhaps I'm missing it, but I don't see anything in the decision indicating that no architectural work is at issue here. If the houses have any non-trivial non-standard features, then aren't they architectural works? If so, then both the plans and the buildings themselves are embodiments -- copies -- of those works, and they can't be distributed to the public without permission.<BR/><BR/>Perhaps as a policy matter distribution without permission should have been added to Section 120(b), although it seems to be on a different footing than the actions allowed there (alteration and destruction as opposed to sale). But if architectural works are at issue here, then the court's decision appears to be at least plausible.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1126708096326843432005-09-14T10:28:00.000-04:002005-09-14T10:28:00.000-04:00I have provided a link to the opinion in the posti...I have provided a link to the opinion in the posting itself. As for Bruce's point, I agree that if I walk over to your house and sell you an infringing CD there is a distribution: I distributed it. The buyer didn't though distribute the copy and if he or she thereafter keeps it in her house and does nothing with it, there is no violation of the Copyright Act: there is no exclusive right against someone who merely possesses an infringing copy.William Patryhttps://www.blogger.com/profile/12987498082479617363noreply@blogger.com