Why Is Righthaven Demanding The Domain Names Of Sites It Sues?

from the it-makes-no-sense dept

In covering all of the Righthaven lawsuits, we've noted that the company sues everyone for $75,000 and, bizarrely, that it also demands they hand over their domain name. To date, no one has actually done that. Every settlement that's been revealed has been for $5,000 or less, and hasn't included anything about a domain name. But, some are pointing out just how ridiculous it is to demand the domain name transfer on a copyright claim. As lawyer Evan Brown notes at that link:
This is a copyright lawsuit, not one for trademark infringement or cybersquatting. Nothing in the Copyright Act provides the transfer of a domain name as a remedy. Such an order would be tantamount to handing the whole website over to Righthaven just because there may have been a couple of infringing items.

The Copyright Act does provide for the impounding and disposition of infringing articles (See 17 USC 503). So it's plausible that a court would award the deletion of the actual alleged infringing articles. Or if it wanted to be weirdly and anachronistically quaint about it, could order that the infringing files on the server be removed and somehow destroyed in a way additional to just being deleted. In any event, there's no basis for a court to order the transfer of a domain name as a result of copyright infringement.
Of course, the real reason probably has more to do with the typical lawyer's concept of "scare them into settling," and adding a demand for the domain is just a part of that, hoping that the recipients of the lawsuits will be more willing to roll over and settle if they think their entire website is at risk.
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Filed Under: copyright, domain names
Companies: righthaven


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  1. identicon
    Cris Ericson, 12 Sep 2010 @ 9:59pm

    link to law library

    http://uscode.house.gov/search/criteria.shtml
    http://www.loc.gov/law/
    What does copyright protect?
    Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. See Circular 1, Copyright Basics, section "What Works Are Protected."

    Can I copyright my website?
    The original authorship appearing on a website may be protected by copyright. This includes writings, artwork, photographs, and other forms of authorship protected by copyright. Procedures for registering the contents of a website may be found in Circular 66, Copyright Registration for Online Works.

    Can I copyright my domain name?
    Copyright law does not protect domain names. The Internet Corporation for Assigned Names and Numbers (ICANN), a nonprofit organization that has assumed the responsibility for domain name system management, administers the assignation of domain names through accredited registers.

    How do I protect my recipe?
    A mere listing of ingredients is not protected under copyright law. However, where a recipe or formula is accompanied by substantial literary expression in the form of an explanation or directions, or when there is a collection of recipes as in a cookbook, there may be a basis for copyright protection. Note that if you have secret ingredients to a recipe that you do not wish to be revealed, you should not submit your recipe for registration, because applications and deposit copies are public records. See FL 122, Recipes.

    Can I copyright the name of my band?
    No. Names are not protected by copyright law. Some names may be protected under trademark law. Contact the U.S. Patent & Trademark Office, 800-786-9199, for further information.

    How do I copyright a name, title, slogan or logo?
    Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. Contact the U.S. Patent & Trademark Office, 800-786-9199, for further information. However, copyright protection may be available for logo artwork that contains sufficient authorship. In some circumstances, an artistic logo may also be protected as a trademark.

    How do I protect my idea?
    Copyright does not protect ideas, concepts, systems, or methods of doing something. You may express your ideas in writing or drawings and claim copyright in your description, but be aware that copyright will not protect the idea itself as revealed in your written or artistic work.

    Does my work have to be published to be protected?
    Publication is not necessary for copyright protection.

    Can I register a diary I found in my grandmother's attic?
    You can register copyright in the diary only if you own the rights to the work, for example, by will or by inheritance. Copyright is the right of the author of the work or the author's heirs or assignees, not of the one who only owns or possesses the physical work itself. See Circular 1, Copyright Basics, section “Who Can Claim Copyright.”

    How do I protect my sighting of Elvis?
    Copyright law does not protect sightings. However, copyright law will protect your photo (or other depiction) of your sighting of Elvis. File your claim to copyright online by means of the electronic Copyright Office (eCO). Pay the fee online and attach a copy of your photo. Or, go to the Copyright Office website, fill in Form CO, print it, and mail it together with your photo and fee. For more information on registration a copyright, see SL-35. No one can lawfully use your photo of your sighting, although someone else may file his own photo of his sighting. Copyright law protects the original photograph, not the subject of the photograph.

    Does copyright protect architecture?
    Yes. Architectural works became subject to copyright protection on December 1, 1990. The copyright law defines “architectural work” as “the design of a building embodied in any tangible medium of expression, including a building, architectural plans, or drawings.” Copyright protection extends to any architectural work created on or after December 1, 1990. Also, any architectural works that were unconstructed and embodied in unpublished plans or drawings on that date and were constructed by December 31, 2002, are eligible for protection. Architectural designs embodied in buildings constructed prior to December 1, 1990, are not eligible for copyright protection. See Circular 41, Copyright Claims in Architectural Works

    Can I get a star named after me and claim copyright to it?
    No. There is a lot misunderstanding about this. Names are not protected by copyright. Publishers of publications such as a star registry may register a claim to copyright in the text of the volume [or book] containing the names the registry has assigned to stars, and perhaps the compilation of data; but such a registration would not extend protection to any of the individual star names appearing therein. Copyright registration of such a volume of star names does not confer any official or governmental status on any of the star names included in the volume. For further information on copyright protection and names, see Circular 34, Copyright Protection Not Available for Names, Titles, or Short Phrases

    Note: The Copyright Office offers introductory answers to frequently asked questions about copyright, registration, and services of the Office. Links throughout the answers will guide you to further information on our website or from other sources. For any other questions, please visit our Contact Us page.

    --------------------------------------------------------------------------------


    Home | Contact Us | Legal Notices | Freedom of Information Act (FOIA) | Library of Congress

    U.S. Copyright Office
    101 Independence Avenue SE
    Washington, DC 20559-6000
    (202) 707-3000

    Revised: 24-Nov-2009

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