Author Topic: US Supreme Court Ruling - Registration Required Prior to Litigation  (Read 325 times)

Tom Wood

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The Supreme Court of the US (SCOTUS) unanimously ruled today that a copyright registration must be complete and granted before litigation can proceed:

The justices rules in the case of Fourth Estate Public Benefit Corp. v. Wall LLC that copyright holders can only file a lawsuit when the U.S. Copyright Office registers a copyright. The copyright owner can still recover damages for infringement before or after the registration, but the high court ruled that the mere act of applying for a registration was insufficient before pursuing a claim.

The court held that registration under 411(a) occurs only when the Copyright Office grants registration. It does not occur when the party submits their application for registration.

The Authors Guild, for instance, favored a reading of copyright law allowing applications as being sufficient. Anything short would amount to delay, which the Authors Guild wrote would have monumental impact on an author's ability to protect the fruits of their creative endeavors.
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Re: US Supreme Court Ruling - Registration Required Prior to Litigation
« Reply #1 on: March 05, 2019, 09:43:42 AM »
Great. Now order the Library of Congress to issue the certificate within seven days of receipt.