TC, you're right. And there are quite a few posters here who make bold statements about "what the law is", when what they are more accurately saying is "this is the way I always thought the law was and I wish somebody would prosecute Carr under what I think the law should be or always was". And maybe they're even right that the law ought to be that way!!! Above my pay grade. But any discussion about "what the law is" has to go well beyond reading statute or case law, and take account of prosecutorial decision-making, for those tasked with such duties. It obviously annoys the crap out of a whole bunch of people that "what the law is" has to be so reliant on human beings making decisions on what scarce prosecutorial resources to use where, but that is the de facto world in which we live. Boils down to: get a prosecutor to do it, become a prosecutor yourself and do it, or shut up. That's harsh, but brutally honest.
They're part of the EU but they don't always follow along. They're a bit of the problem child sometimes.
You got that right Bellman! Especially in this case where the design is an original Daniel Carr! Surely jealousy can't take that away from him! And that's said to nobody in particular! If the shoe fits, then you might think of getting a new pair!
Hmm. My Google search says they're not in the EU, and the list of articles offered a plethora of reasons why.
Best darned marketing program Carr has going! Every time BB4C or Coinchem gets riled up, Dan's sales spike, betcha betcha!
Thing is, fretboard, a privateer has MORE IP protection than our government does under the current HPA. Carr has a civil cause of action; the government does not. And under Carr's civil cause of action, the defendant has to pay Carr's lawyers, and the damages are statutory. Statutory and stinking HUGE. Same as my avatar here. It's a "selfie" and I own it. Anyone using it has to take it down or risk legal action. I alone am the person authorized to use it, and damages are statutory and huge, and if I sue you over it, you have to pay MY lawyers. And all that fun is due to the Digital Millennium Copyright Act.
I think Daniel Carr should go full meta on this one. Make a reproduction of the fake of his coin. Have you received a cease and desist notice? Or you profiting in any way, shape or manner by using his image? ...I think you are ok on that one...
Man, of the multiple coin forums I visit/frequent, whenever a Carr thread appears, it's ALWAYS the same old same old from the same posters. However, in THIS Carr thread, V. Kurt Bellman has hit the nail on the head for the first time in all the Carr threads I can remember seeing/reading/posting to. I also happen to share his views on Carr's work. I'm a fan of the fantasy date/overstrikes, but not a fan at all of most of his original artwork on the Amero's, and a few others. They look just too 'computer-like', for lack of a better term. I'd think he'd be more a classical design-influenced designer, than the sharp, linear, overly-angular (just my opinion) designs that seem ultra-ultra modern, given his 'roots' in CO, having had a U.S. Mint 'practically' in his own back yard. So, 'good on ya, V. Kurt Bellman!!' Thanks for finding the words to put it so perfectly, yet simply (though, we're still going to have others who, oh, hell, it's useless to even try....lol)!! edited to correct a spelling error
Yah, Casc's use is licensed. It's those private investigators literally beating the bushes all over this county lookin' fer me. Oh well, I'm one cerebral hemorrhage later and one 'stache lighter, so good luck to them.
Just for clarification purposes, you got my "Like," not for what you said, but for the funny way you said it.
I'm not a lawyer but find this stuff interesting. How does a person come up with a dollar figure on damages and how do you prove it? Does the judge still get to decide who pays the legal fees? Could it be different from state to state?
This is EXACTLY how i feel about Carrs works, i couldnt have worded it better. I cant say i approve of the copying and NOT marking it as such, but i dont want to lose any CT friends over the matter
All copyright law is federal law. Yes, there is some venue shopping that goes on, because certain judges have reputations for being especially hard on violators. See the Eastern (Houston) district in Texas, for one example. But the actual monetary damages and the fact that a violator pays for the rights holder's attorney's fees is right there in the federal statute itself. But this only applies to COPYRIGHT, which the government MAY NOT OWN! Why is U.S. copyright law so strong and long-lasting? It's only a SLIGHT exaggeration to say it comes down to three words - Walt Disney Studios. Since I work in STATE legislation, I don't directly encounter copyright much, but for those with an insatiable desire to learn more, I recommend a podcast called "This Week in Law", which is done with a bunch of humor and is produced by Leo Laporte's TWiT network.