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.

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

(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.  

 

Confused about copyrights? The obligations of a webhosting company in regards to copyright infringement?

Please review the information on the Stanford University Website: Copyright and Fair Use.  Much of the information was taken, with permission from the 2004 book, Getting Permission- How to License & Clear Copyrighted Materials Online & Off, [2nd Edition] by attorney Richard Stim.
 

Send mail to the  webmaster with questions or comments about this web site.

We will never forget!

Copyright © 1998-2009  Shiloh Shepherd™ Dog™ Club of America, Inc. The Shiloh Shepherd Dog Club of America  is a non-profit organization.  The SSDCA and its regional chapters and their members are not legally liable for the information content of this system nor for the use of it. All Pictures  and All Articles written by Tina M. Barber affiliated with this site are products and are secured by copyright and may not be used without written permission of the owner of this site. Site owned by Karen Ursel on behalf of the SSDCA, Inc.

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Last modified: Friday February 05, 2010