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Copyrights on Forms to be Enforced December 2000 ~ Reviewed: June 2004 |
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AAR policy
calls for the enforcement of the copyrights on the standard real estate
forms developed and produced by the Association: Those who alter AAR's forms or sell or attempt to sell unauthorized copies of AAR forms will be vigorously pursued for violation of copyright law. - Policy II.5/2. I. Developing AAR's Forms Takes A Lot of Time and Effort AAR's forms are drafted by members of various committees and study groups with the assistance of AAR staff and legal counsel. These people have collectively invested hundreds of hours in the creation of AAR's forms. II. AAR Forms Are Protected by Copyright The AAR forms are original works, protected by federal copyright laws. After developing an original form, AAR registers the form, and deposits a copy of its form with the Register of Copyrights in Washington, D.C. AAR affixes a copyright notice, the year of publication, and the name of the copyright owner (AAR), which informs people that the form is protected by copyright. III. AAR's Rights as Copyright Holder Copyright law is designed to prohibit all unauthorized, economically significant uses of the copyright works by persons other than the copyright holder. Therefore, AAR as the copyright holder of the forms created by AAR, has the exclusive right to: (1) reproduce (make copies of) the forms; (2) prepare derivative works from the forms; and (3) distribute the forms. AAR may exclude all others from reproducing or making copies of the forms by any means. A "copy" is any material object from which the forms can be perceived, reproduced or communicated, either with the naked eye or with the aid of a machine or other device. Copying AAR's forms, either by photocopy or the use of a computer, without AAR's authorization, constitutes copyright infringement. Obviously, AAR can produce and sell its forms. AAR can, and does, authorize or license others to copy, produce and sell its forms. Once a person purchases a copy of an AAR form, that form is their property, which can be used in any manner, except that a person is not entitled to purchase a copy of an AAR form and make additional unauthorized copies. IV. AAR's Remedies For Copyright Infringement Anyone who produces copies of AAR's forms, without AAR's authorization, is subject to a copyright infringement action. In a copyright infringement action, a copyright holder may recover actual damages and any profits of the copyright infringer that are attributable to the infringement. In some cases, where it would be too costly to prove actual damages, statutory damages from $200 to $100,000 are available. The court may also require the copyright infringer to pay the copyright holder's attorneys' fees and costs. Injunctive relief, both temporary and permanent, prohibiting the copyright infringer from further copying of the work may also be imposed by the court. Finally, copyright law imposes criminal liability for willful or fraudulent infringement. V. Common Questions Regarding Use of AAR Copyrighted Forms 1. Question: What uses of AAR forms constitute a violation of copyright? Answer: Making copies of AAR forms without AAR's authorization, including scanning or downloading AAR forms without authorization onto a computer for use. 2. Question: Does ZipForm, a producer of computer software and online forms, infringe on AAR's copyright by copying AAR's forms for sale to others? Answer: No. ZipForm has been authorized, by a licensing agreement with AAR, to copy AAR's forms for sale. Inasmuch as AAR authorizes ZipForm to use AAR's forms in this manner, ZipForm is not infringing on AAR's copyright. 3. Question: If I type, scan, download, or otherwise copy the AAR form into my computer, make some unauthorized alterations in the language in the form and then make copies for my business, is that a copyright infringement? Answer: Yes. Making any alterations to the language in AAR's forms prior to making unauthorized copies will not shield you from a claim of copyright infringement. | ||||||||||||
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