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Public Notice
The following letter has been sent to all copyright
infringers as well as their ISP providers as per Chapter 5 of the
Copyright Law of the United States of America.
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To
Whom It May Concern:
In regards to: Copyright Infringement
[Infringing party]
has on their website, [infringing website] the Shiloh Shepherd Breed
Standard, also known as the International Shiloh Shepherd Registry Breed
Standard.
[contact info for
the infringing party]
I,
Tina M. Barber, am the copyright owner of the original work known as
(the) Shiloh Shepherd Breed Standard, completed in 1990, TX-6-201-686,
as well as all revisions of the same work known as the International
Shiloh Shepherd Registry Breed Standard, TX-6-201-685 as
well as the final revision, completed in 2000, TXU1-247-815.
I originally wrote
the Shiloh Shepherd Breed Standard to ensure recognition of my “breed,”
at various show venues. I filed it with the Federation of
International Canines (FIC) in September 1990 and published it in my
final Shiloh Shepherd Kennel newsletter (pages 37-39) in the fall of
1991. The documented proof is on file in the US Copyright Office.
Please view
http://www.shilohshepherds.com/buyersBeware/publicNotice.htm for
copies of the copyright registration certificate and published Shiloh
Shepherd Breed Standard.
The use of the
material on the infringing website has neither been authorized by me as
the copyright owner, my agent, nor the law. I have contacted the
offending party and have requested its immediate removal from their
website.
Under penalty of
perjury, the information contained in this notice is accurate.
Any attempt by any
person/organization to utilize any of these versions of my copyright
protected Shiloh Shepherd Breed Standard (or colorable imitation
thereof) will be prosecuted to the full extent of the law.
Sincerely,
Tina M. Barber
TMB/klu
Encl 3
Cc: Mr. Raymond Sciarrino,
Esq. |
Please note Section 504 Remedies for infringement:
Damages and profit
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(c) Statutory Damages. -
(1) Except as provided by clause
(2) of this subsection, the copyright owner may elect, at any time
before final judgment is rendered, to recover, instead of actual damages
and profits, an award of statutory damages for all infringements
involved in the action, with respect to any one work, for which any one
infringer is liable individually, or for which any two or more
infringers are liable jointly and severally, in a sum of not less than
$750 or more than $30,000 as the court considers just. For the purposes
of this subsection, all the parts of a compilation or derivative work
constitute one work.
(2) In a case where the copyright
owner sustains the burden of proving, and the court finds, that
infringement was committed willfully, the court in its
discretion may increase the award of statutory damages to a sum of not
more than $150,000. In a case where the infringer sustains the burden of
proving, and the court finds, that such infringer was not aware and had
no reason to believe that his or her acts constituted an infringement of
copyright, the court in its discretion may reduce the award of statutory
damages to a sum of not less than $200. The court shall remit statutory
damages in any case where an infringer believed and had reasonable
grounds for believing that his or her use of the copyrighted work was a
fair use under
section 107,
if the infringer was: (i) an employee or agent of a nonprofit
educational institution, library, or archives acting within the scope of
his or her employment who, or such institution, library, or archives
itself, which infringed by reproducing the work in copies or
phonorecords; or (ii) a public broadcasting entity which or a person
who, as a regular part of the nonprofit activities of a public
broadcasting entity (as defined in subsection (g) of
section 118)
infringed by performing a published nondramatic literary work or by
reproducing a transmission program embodying a performance of such a
work. |
(The) Shiloh Shepherd Breed Standard completed as of
September 1990 has been copyrighted via the United States Copyright Office.
The actual certificate TX 6201-686 may be viewed by clicking on the
certificate of registration. You may also view the original
published document by clicking on the final edition of the Shiloh Shepherd
(kennel)
newsletter.
Furthermore, the revised document that Tina M. Barber
(the author of the original work) provided to the INTERNATIONAL SHILOH
SHEPHERD REGISTRY, INC as the ONLY official standard for her breed (while
under development) has also been certified via the US copyright office.
To view this document, please click on
TX6-201-685. The
final revised version approved by the ISSR, Inc. in July 2000 and as
seen on our present websites, for the SSDCA, Inc. and ISSR, Inc., has
also been copyrighted via the United States Copyright Office. To view
this certificate, please click on
TXU1-247-815. |