Mar
9
We’ve been away; eCO update
Posted by Dirk Avery at 12:01 am under Copyright.
Apologies as Irene and I have both been hit at the same time with various issues involving family (Dirk & Irene), and the MPRE and a student symposium (just Dirk). We are still alive and will be posting again when things settle down.
In the meantime, I have an update! I have won the race to get a copyright registration! Today, one month to the day after sending in my registration electronically using the fancy new Electronic Copyright Office (eCO, written about here), I received my registration certificate in the mail! I even registered a copyright in about 30 photos (a collection) while Irene only sent in one. What did we bet on this Irene? I think it was a night of babysitting! Yeah, that was it. See you Friday at 6!
Irene (Mar. 11): Not so fast. According to the Copyright Office, “A copyright registration is effective on the date the Copyright Office receives all the required elements in acceptable form, regardless of how long it then takes to process the application and mail the certificate of registration.” So, the real question is not when you received your certificate, but when the Office received your application. According to this post, you electronically sent in your application on Feb. 9th, approximately a week and a day after mine was snail-mailed. Here’s thinking you lost.
Oh, and my car is in desperate need of a wash. Thanks.
Dirk (Mar. 13): Not so fast yourself, Ms. Soto! This is a simple matter of contract construction. The original deal read: “Irene sent in a registration application for a photo about one week before me through the mail. We will see whose is done first!” Clearly the “done first” refers to receipt of a registration certificate. Thanks for pointing out the unfortunately irrelevant statutory rule!
Does 6 or 6:30 work better for you?
Irene (Mar. 13): A few points for your consideration. First, nothing about the original deal is “clear.” Perhaps the deal was to see whose application was done first. In which case, I believe I win. Second, you seem to be confused yourself. On March 9th you said “I have won the race to get a copyright registration!” Then, today you say: “the ‘done first’ refers to receipt of a registration certificate.” Convenient. Which one is it: when your registration is valid or when you receive a meaningless piece of paper that verifies the registration? Finally, for clarity, I don’t believe that I was referring to a statutory rule– but it is nevertheless very relevant. And don’t think I’m not adding interest to my prize.
Dirk (Mar. 13): In the absence of clear language, the intent of the parties governs. When you agreed to the deal you had already sent your registration in. It would be pretty uninteresting to take a bet that you believed you had already won especially if you thought we were both on the same page about you having won. It seems more likely that only after my registration certificate arrived you concocted a way around our original intent! P.S. Friday is tomorrow. The kids need to be in bed by 7:30. After that you can hit the hot tub if you want. (Just use the baby monitor.)
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