News & Analysis as of

Copyright Litigation Fourth Estate Public Benefit Corp v Wall-Street.com LLC

Womble Bond Dickinson

Echoes of Roseanne Roseannadanna: It’s always something—Federal Judge Dismisses Copyright Infringement Lawsuit Involving Gilda...

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Gilda Radner rose to fame in the late 1970s as one of the original stars of “Saturday Night Live.” Her 1989 autobiography, It’s Always Something, became a best-seller, as the comedian provided an honest and heart-wrenching...more

Fenwick & West LLP

Copyright Registration After Fourth Estate

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In Fourth Estate Public Benefit Corporation v. Wall-Street.com, a unanimous U.S. Supreme Court held in March of this year that a copyright claimant can only commence an infringement suit, unless a limited exception applies,...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market - March 2019: The Switch by Nine Compels “A Stitch in Time” Approach to Copyright Filings

The Switch by Nine. Earlier this month, the U.S. Supreme Court clarified when a copyright owner can sue for infringement, settling the conflicting interpretations of the Copyright Act’s “registration” requirement, which we...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - March 2019

The March 2019 issue of Sterne Kessler's MarkIt to Market® newsletter addresses a Supreme Court ruling about suing for copyright infringement, the 2018 Farm Bill and CBD products, and lists the new gTLD Sunrise Period. In...more

Neal, Gerber & Eisenberg LLP

Client Alert: U.S. Supreme Court Mandates Copyright Registration to Litigate Infringement Claims

This month, the U.S. Supreme Court highlighted yet another reason to seek copyright registration as soon as possible. In a unanimous decision, the Supreme Court ruled in Fourth Estate Public Benefit Corp. v. Wall-Street.com...more

White & Case LLP

Supreme Court Clarifies the Rules for Enforcing Copyrights

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On March 4, 2019, the Supreme Court issued two unanimous opinions that clarify when copyright owners can sue for infringement and what costs they can recover from infringers. In Fourth Estate v. Wall-Street.com, the Court...more

Coblentz Patch Duffy & Bass

Supreme Court Issues Two Copyright Rulings

The U.S. Supreme Court issued two rulings last week on copyright law. In both cases, they acted to resolve conflicts between the Circuits, following closely to statutory language....more

Jones Day

Jones Day Talks: Women in IP: The Supreme Court's "Copyright Day"

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In Fourth Estate Public Benefit Corporation v. Wall-Street.com, the U.S. Supreme Court tackled questions relating to copyright applications vs. copyright registrations, while in Rimini Street v. Oracle, the justices ruled on...more

Goulston & Storrs PC

SCOTUS's Special Exception for Copyright Protection

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On Monday, March 4, 2019, the U.S. Supreme Court issued a decision that stands as an important reminder to owners of copyrightable works: registration of a copyright is a prerequisite to filing a lawsuit for copyright...more

Hogan Lovells

U.S. Supreme Court adopts “registration approach” for copyright infringement actions

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The U.S. Supreme Court has announced in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC that copyright owners must wait for the Copyright Office to formally grant, or refuse to grant, a copyright registration...more

Jaburg Wilk

Copyright Update: Copyright Owners MUST Obtain Copyright Registration Before Filing Infringement Lawsuits

Jaburg Wilk on

The U.S. Supreme Court has ruled copyright owners must register their copyrights before filing a lawsuit for copyright infringement. The decision resolves a conflict between certain federal appeals courts that held copyright...more

Jackson Walker

Two New Supreme Court Decisions Alter the Landscape for Litigating Copyright Infringement Cases

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Copyright litigants should take note of the pair of unanimous decisions handed down by the Supreme Court on Monday: Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, No. 17-571, 2019 LEXIS 1730 (Mar. 4, 2019), and...more

Eversheds Sutherland (US) LLP

The Supreme Court weighs in on copyright matters – a costly decision and a registration requirement

It has been a big week for copyright cases, and it’s only Wednesday. This Monday, the Supreme Court issued opinions on two copyright cases pending before it from the October 2018 term. ...more

Knobbe Martens

The Supreme Court holds that a copyright claimant may not sue for infringement until the Copyright Office has granted or refused...

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On Monday, March 4, 2019, the U.S. Supreme Court held in a unanimous decision that, under § 411(a) of the Copyright Act, a claimant may not bring suit for copyright infringement until the Copyright Office has either granted...more

Robins Kaplan LLP

SCOTUS Unanimously Holds Copyright Owners Must Obtain Registration Before Filing Suit

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The Supreme Court has finally resolved the application v. registration debate by holding the Copyright Act obligates an owner to obtain a registration for their work before filing an infringement action....more

Dorsey & Whitney LLP

The Supreme Court - March 4, 2019

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Today, the Supreme Court issued three decisions: Rimini Street, Inc. v. Oracle USA Inc., No. 17-1625: Section 505 of the Copyright Act permits courts to award “full costs” to a party in a civil action. Broadly interpreting...more

Ballard Spahr LLP

Supreme Court Allows Copyright Actions Only After Office Acts on Application and Limits Recovery of Costs

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In two unanimous opinions, the Supreme Court on March 4, 2019, clarified two important issues under the Copyright Act—in both cases, based on a strict reading of the relevant text. ...more

Dorsey & Whitney LLP

Wait, There’s More Breaking News: SCOTUS Clarifies What Costs Are Recoverable in Copyright Infringement Cases

Dorsey & Whitney LLP on

The Supreme Court was busy yesterday issuing opinions involving copyright law (see the TMCA’s post yesterday on Fourth Estate vs. Wallstreet.com concerning the need to obtain a copyright registration before initiating an...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Supreme Court Issues Two Unanimous Rulings Clarifying Meanings of ‘Registration’ and ‘Full Costs’ in Copyright Act

On March 4, 2019, the U.S. Supreme Court issued two unanimous decisions interpreting the Copyright Act. In Fourth Estate Public Benefit Corp. v. Wall-Street.com LLC, 586 U.S. ___, the Court resolved a circuit split over when...more

Akerman LLP - Marks, Works & Secrets

Copyright Doubleheader At The Supreme Court

The Supreme Court unanimously decided two Copyright Act cases on March 4, 2019. In Rimini Street, Inc. v. Oracle USA, Inc., the Court held that the provision in the Copyright Act that gives federal district courts...more

Cole Schotz

We May Finally Learn When You Can Sue For Copyright Infringement

Cole Schotz on

The U.S. Copyright Act permits, but does not require, registration of copyright-protected works with the U.S. Copyright Office. Nevertheless, under the U.S. Copyright Act, registration by the Copyright Office (or ruling by...more

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