Daniel Carr Fake, I just Reported it!!

Whatever it is, it is both a) unique to your stuff, and b) not my aesthetic cup of tea. That said, I like to buy it for the sardonic humor of your pieces. When one thinks about them a bit, your pieces, all of them, fairly drip with social commentary, and that's what draws me in.

You like to poke at people who take themselves a little too seriously, and I like that a lot.

 

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Yup. Just look at his Panda hard times token

 

Well, yes, some do drip more explicitly than others.

 

Picked this up as part of an estate collection I bought. Sorry for the off topic post but found the piece interesting and it would make a good companion piece to the Panda. History is a funny thing!

 

I don't know for certain, but I would bet heavily that the people who struck these are the same people who strike/struck (not sure if they're still being made) the United Nations Peace medals. Even the holders are similar. I know Franklin Mint no longer does medals, but if they're still striking Peace medals, I bet Keystone Mint is where they're being done.

 

Yup. I've seen the FM UN medals that are very similar

 

Copyright law is one of the few areas of law where federal courts have exclusive jurisdiction, and the procedure is the same from state to state. The available "damages" depend on whether the design is registered or not. If the copyright is registered, then statutory damages are provided for. If not, then a plaintiff must prove actual damages, which can be difficult. An example of actual damages would be lost sales, lost licensing revenue, etc. If profits exceed actual damages, then those are up for grabs too. Copyright law allows a judge to award attorney's fees to a prevailing party. That's all that I'll say on general copyright/IP law because it is not my intent to help Carr.

 

Again you are frothing from the mouth and making broad pronouncements without having a thorough understanding of the legal topics discussed.

First, statutory damages are only available if Carr's works were properly registered with the copyright office within the requisite time period after production of the design. Do we know for a fact that his works are registered or are you making assumptions/making things up again (like you did in other threads with the "whole new HPA" declaration)? The amount of statutory damages also can be modified depending on factors that are beyond the scope of this thread. If not registered, then the question is one of actual damages.

Second, the statute concerning costs and attorney's fees provide that a judge may award them to a prevailing party based on the judge's discretion. It is clearly one of judicial discretion, and up through this year, there was a circuit conflict over the application of the factors that were relevant to the use of this discretion.

Third, the Hobby Protection Act and the Title 18 statutes cited in the other threads have nothing to do with copyright law or intellectual property. Of course, we had already established several pages before you graced us with your presence that works produced by government employees acting in the scope of their employment don't enjoy copyright protection, but the other laws you mention are inapposite to this conclusion. The lack of a copyright over the subject matter does not preclude the government from otherwise regulating use of the subject matter. It is absurd to suggest otherwise.

 

Incorrect, sir. Copyright registration is only required before one files suit, not before the actual infringement. Professional photographers have used this technique for MANY MANY decades now. The full copyright is established "at the moment the button is pushed" and registration only need to precede the filing of the legal action. Odd, but nonetheless correct.

Now, to your other misstatements: only one agency is tasked with enforcement under the HPA, and that is the FTC. The FTC has only just recently established, after all the rule-making process including public comment, which in turn included public comments both by Mr. Carr and against Mr. Carr's position, the legal and procedural framework under which the FTC will operate in these matters, and they have refused to explicitly allow or disallow Mr. Carr's position, saying there is no need to do so. In that very same statement the FTC stated that altered coins are only a legal problem with the intent of fraud present. I don't know why they refused to get into Carr's little niche explicitly, but they didn't.

Now, if you can look at all that and not conclude that we are now operating in a whole new legal ballgame, I genuinely feel sorry for you, and anyone you attempt to "inform", as if...

Now, if you want to dispute the attorney's fees issue in copyright cases specifically, take it up with the lawyers on "This Week in Law" who represent that awarding them in matters that come all the way to trial is "automatic".

 

OK, cough it up, let's see it. Come on with the Panda...

 

http://www.dc-coin.com/2008hardtimestoken536minted-2-3-1-1-1-1.aspx

 

One of my DC favorites although I cannot say why. One of the MODs would just edit my post calling it "political"

 

I got one of these, Sterling silver, I think they are interesting. I also got one but with the Kohutek comet back in 1973 as a gift from the university because I reported that comet "dissapeared" while I was watching it with the University's telescope. It was later reported that it broke down in pieces. The university later gave that medal later on.

Nice memories...

 

That's also my favorite hard times token he has done. Which reminds me I need to try and find one one of these days

 

All of the below is under 17 U.S.C. Section 1203: Civil Damages

(c) Award of Damages.—
(1)In general.—Except as otherwise provided in this title, a person committing a violation of section 1201 or 1202 is liable for either—
(A) the actual damages and any additional profits of the violator, as provided in paragraph (2), or
(B) statutory damages, as provided in paragraph (3).

(2)Actual damages.—
The court shall award to the complaining party the actual damages suffered by the party as a result of the violation, and any profits of the violator that are attributable to the violation and are not taken into account in computing the actual damages, if the complaining party elects such damages at any time before final judgment is entered.

(3)Statutory damages.—
(A) At any time before final judgment is entered, a complaining party may elect to recover an award of statutory damages for each violation of section 1201 in the sum of not less than $200 or more than $2,500 per act of circumvention, device, product, component, offer, or performance of service, as the court considers just.
(B) At any time before final judgment is entered, a complaining party may elect to recover an award of statutory damages for each violation of section 1202 in the sum of not less than $2,500 or more than $25,000.

 

OMG! I LOVE that! I never saw that one before. Now I need one!

 

The P-P-Panda is cute, but I think I may hold out for a "John Doe Hobo Amero"

 

"P-P-Panda"

Best single word original turn of phrase for the year, just in time for the deadline.

 

Now he's got the idea, Sherlock! And he's squeaky safe, too, as this is protected, symbolic free speech!