Justice Ruth Bader Ginsburg delivered the opinion for a unanimous Supreme Court in Fourth Estate v. Wallstreet.com, et. al. Monday morning, March 4, holding that copyright registration occurs—and thus, an infringement action can only be brought—once the Copyright Office officially registers a copyright. The case considered whether “registration of [a] copyright claim has been made” within the meaning of Section 411(a) of the Copyright Act “when the copyright holder delivers the required application, deposit, and fee to the Copyright Office, as the Fifth and Ninth Circuits have held, or only once the Copyright Office acts on that application, as the Tenth Circuit and, in the decision below, the Eleventh Circuit have held.” In the end, the Court unanimously agreed that registration is a requirement to commence suit, but, once granted, the copyright owner can sue for infringement that occurred both before and after registration.
The post Fourth Estate v. Wallstreet.com: Registration Required to Commence a Copyright Infringement Suit appeared first on IPWatchdog.com | Patents & Patent Law.
Recent Posts
- CAFC Committee Recommends Another Year of Sanctions Against Newman
- Massie Tells House IP Subcommittee Witnesses He’s ‘Appalled’ By Proposals to Rein in ITC’s Patent Powers
- CAFC Invalidates Remaining Claim on Data Transmission Patent, Remands Substitute Claims for Collateral Estoppel Determination
- NIH Intramural Licensing Guidelines Hit the Wrong Note at the Wrong Time
- Other Barks & Bites for Friday, July 19: UPC Issues First-Ever Patent Revocation; Meta Announces Latest AI Model Won’t be Released in EU Due to Regulatory Concerns; and CAFC Dismisses PTAB Appeal as Moot Due to Prior District Court Invalidation