Tuesday, December 04, 2007

NWU's Colby: 'This Is About All Writers'

Good stuff from Gerard Colby, president of the National Writers Union, in Publishers Weekly's coverage of the ruling:

[I]n a dissenting opinion, Chief Judge John M. Walker, argued that registering for a copyright was more of a “claim-processing rule,” rather than a “jurisdictional prerequisite.”

[Colby] said the second circuit was “making new law.” Colby said the ruling essentially means that “unregistered writers can’t sue for anything, even compensatory damages.” Colby said the ruling “cuts off writers from all access to the Federal courts. The issue of unregistered writers had been agreed to by all parties to the settlement.” He cited Walker’s dissent and said, “he lays it all out. We think we can appeal it to Second Circuit and if not, we’ll appeal to the Supreme Court. This isn’t just about our settlement. This is about all writers.”


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