I was quoted at length by my friend and client Bill Jacobson at Legal Insurrection about this. So there’s not so much more else to know.
But of course, there is. If you want the nickel tour of copyright statutory damages, I recommend this bit that I wrote. If you want the three-hour tour (the three-hour tour), in which I discuss the policy implications of the somewhat broader topic at greater length, then click here.
(I think a lot of statutory damages in copyright — which sometimes helps. And not just about one side of it!)
See? One-stop shopping.
And in terms of the actual kerfuffle here? What about the statutory damages threat there?
Puh-lease!
Nice quotes and good explanation of the law on copyright. Especially like your statement: “Assume that what is not explicitly permitted, in terms of anything remotely recent, is prohibited.”
For clarification, 17 USC 412 (2) allows for statutory damages for published works, as long as they are registered prior to the start of the infringement (even if not registered within the “3 months” of first publication — not “90 days”).
Thank you, Carolyn!