copywriting

[Riick]

All of this, GLB included, is academic discussion.
It's clear per U.S. Copyright Office that copyright is automatic:

When is my work protected?
Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics, section “Copyright Registration.”

Why should I register my work if copyright protection is automatic?
Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law. See Circular 1, Copyright Basics, section “Copyright Registration” and Circular 38b, Highlights of Copyright Amendments Contained in the Uruguay Round Agreements Act (URAA), on non-U.S. works.

 

[Elliott]

DW,
Wasn't implying anything. I too don't believe in black helicopters,
but do believe that people who aren't in the room during
negoiations are the ones left holding the short stick.
I was wondering if you had any insights into it. Do you think it
was good for appraisers (?) or someone twisted Fannie arm and
said, "hey include this, then we can crack open appraisals with
immunity."

Please understand, I'm just an appraiser in podunk, no one would
buy a Zaio zone where I'm at, no one would know what to do with
my data, I'd never copyright anything because everyone is already
stealing it anyway. My only real issue is the area had 5 appraisers
and now it has 30 and volume is such now that I doubt if 2 could
make a living. I'm just trying to understand how something I got
involved in over 30 years when I hoped it would become a 'profession'
similar to CPAs is now a joke, full of inflated appraisals, BPOs, AVMs
after it 'needed' to be state and federalized. What went wrong?

 

[Carnivore]

But even if it weren't possible to get copies for viewing, hasn't the appraiser already exposed results to the copyright office just by giving them the report copy? The act of registering the copyright includes distributing a copy of the report and the assignment results contained within.

I am still waiting to someone try to take the other side. No only because I can't imagine what it is, but it may be the first time we ended a thread with a settled issue.

FWIW, DWiley,
I have never seen anyone post for so long on one topic without me being able to find a flaw somewhere. Masterful indeed.

Sorry to take so long. I knew i had it, just could not rember where. I did not read back though this so it may not be the final solution.

The solution as I understand it to Dannys assertion can be found here:

http://www.copyright.gov/fedreg/1995/60fr25995.html


FTR, Danny I just gave you a gift for your ZAIO consulting assignment. The Zaioistas really need this solution. There I helped them out more then anyone has recently.

You can send me a check when you get yours.

 

[Fred]

The solution as I understand it to Dannys assertion can be found here:

Well, I am not digging it out. I already went through this and came with the same stuff he did. That doesn't mean it will ever be accepted on this forum, though.

Also, Carni, that state-fed prattle didn't make sense to me. USPAP says don't disclose assignment result to anyone. It didn't say your favorite federal agency is an exception.

 

[Carnivore]

Well, I am not digging it out. I already went through this and came with the same stuff he did. That doesn't mean it will ever be accepted on this forum, though.

Also, Carni, that state fed prattle didn't make sense to me. USPAP says don't disclose assignment result to anyone. It didn't say your favorite federal agency is an exception.

I am saying thet federal law can and does trump State law at time. In the case of copyright I believe it does. I provided the solution above. If no one at the forum accepts it, so be it. My arse is covered If I register and follow those procedures. Thats my story and I am sticking to it until a judge says differently.

 

[Brad Ellis]

Joyce,

".....In fact, according to the suit, FNC "downloads this data ... and then markets" it, cutting appraisers out of potential business with no compensation

You have correctly posted the allegation.

Brad

 

[Brad Ellis]

Carney,

The specific instance I can not recall, nor do I have your exact words. Essentially you said that even though your bank is not named as the client we better speak to you if you call, about an appraisal that you may have in a loan package your bank is considering for loan approaval.

Am I correct in assuming that you now will understand and not hold it againts us if we refuse to speak with you since your not the client?

Where have you been? You are sorely out of date.

I've amended/corrected that after a discussion with another ASB member. That member siad you would NOT have to talk to me. Of course, about the only reason I'd call you is to offer to let you respojnd to an issue. If you refuse, then- no problem.

I could offer the opportunity to do a new assignment- uncompensated- as of the original effective date if you like. If not- again no problem.

Appraisal rejected.

Thanks.

Brad

Brad

 

[Brad Ellis]

Workbox,

But what takes precedence? USPAP IS not LAW, no matter how the spinmeisters may want to spin it

I see you are in Texas.

How much you want to bet that USPAP is incorporated into law either directly or by reference in virtually every state?

Just how do you think these state boards and agencies enforce it? Sheer good looks?

Call Wayne Mayo in Richardson- your former TALCB chair. He'll tell you.

Brad

 

[Brad Ellis]

Carnivore,

Did you READ it?

SUMMARY: The Copyright Office is issuing an interim regulation to
implement portions of the Audio Home Recording Act of 1992. This Act
deals with rights with respect to digital audio recording technology
(DART) and requires the Register of Copyrights to issue regulations
that provide for the verification, audit, confidential treatment, and
appropriate disclosure of DART Statements of Account and any other
confidential DART information that is filed with the Copyright Office
during a verification procedure.

DATES: This interim regulation is effective June 15, 1995. Public
comments on the interim regulation should be received on or before July
17, 1995.

So you are recording your appraisals on digital audio media? Interesting. Post one on youtube so we can all hear it!

Brad

 

[Brad Ellis]

Carni,

My arse is covered If I register and follow those procedures

Covered in what?

Brad