News & Analysis as of

Copyright Registration

Copyright Basics

by Workman Nydegger on

Copyright protection is contemplated under the Constitution of the United States and governed by the U.S. Copyright Act. More specifically, Article 1, Section 8, Clause 8 of the United States Constitution includes...more

Still Wondering Whether SCOTUS Will Resolve The Copyright Registration Debate

by Fox Rothschild LLP on

This post follows up on my prior blog post regarding the case pending at the United States Supreme Court involving the question of when a copyright holder can properly file a copyright infringement lawsuit. The petitioner,...more

When is a Copyright “Registered” for Purposes of Filing Suit?

On May 18, 2017, the Eleventh Circuit Court of Appeals dismissed a copyright infringement complaint and added further to a circuit split on when copyright “registration” occurs for purpose of filing a copyright infringement...more

Register Early and Often or at Least Try to: Preparing for Copyright Enforcement

Unlike other intellectual property rights, copyright automatically exists when an original work of authorship is fixed in a tangible form of expression. So, while copyright owners may choose to register a copyright claim with...more

Two Copyright To-Dos Before Year End

by Stinson Leonard Street on

Tackle the following two tasks before year end to help protect your company from copyright infringement liability and secure your copyright assets in 2018....more

November 2017: Trademark & Copyright Litigation Update

When Is a Copyright Owner Allowed to Sue? The Supreme Court May Decide. A recent decision by the U.S. Court of Appeals for the Eleventh Circuit, Fourth Estate Public Benefit Corporation v. Wall-Street.com, LLC, 856 F.3d 1338...more

The Clock Is Ticking: Refile DMCA Designated Agent Registration by Dec. 31 or Lose Safe Harbor Benefits

If there is one thing you need to do by the end of the year, it is refiling your designated agent registration with the Copyright Office. The message from the Copyright Office is very clear — if you do not refile by December...more

Journalism Organization Petitions for Resolution of the Copyright Application v. Registration Debate

by Robins Kaplan LLP on

The registration requirement in the Copyright Act is a well-known subject of debate, and the Eleventh Circuit recently joined the fray by siding with the registration approach camp. ...more

Your Digital Millennium Copyright Registration May Be About To Expire

Last November, we wrote about the Copyright Office’s decision to ditch its paper registration system for the Digital Millennium Copyright Act (“DMCA”) safe harbor and start a new online system completely from scratch. If you...more

Stand and Deliver—Federal Court Enforces Trademarks For "Stork" Lawn Signs Announcing New Births

by Bennett Jones LLP on

A single product can, in some circumstances, attract more than one form of intellectual property (IP) protection. For example, if functioning as an indicator of source, a product itself can attract trademark protection while...more

More Details on Matal v. Tam: Are Other Parts of The Lanham Act at Risk?

by Revision Legal on

As we recently discussed in June, the US Supreme Court declared the disparagement clause of the Lanham Act unconstitutional as a violation of the free speech clause of the First Amendment. In general, the disparagement clause...more

What are Grounds for Copyright Registration Denial?

by Revision Legal on

Copyright law protects any creative/artistic work as soon as it is fixed in a tangible medium. As the owner of the creative/artistic work, you own a variety of rights associated with your work, including the exclusive right...more

Catching Counterfeits: Customs Recordation and IP Enforcement

by Knobbe Martens on

U.S. Customs and Border Protection (“CBP”), the primary federal agency responsible for securing America’s borders, is also charged with the protection of intellectual property rights and guarding against the infringement of...more

Don’t Get Berned – An Important Limitation on Enforcement of Foreign Copyrights Under U.S. Law

by Dorsey & Whitney LLP on

Since March 1, 1989, the United States has been a member of an international copyright treaty named the Berne Convention (formally called the “International Union for the Protection of Literary and Artistic Works”). This...more

Brokers Are Creators, Too: Using Copyrights to Leverage Real Estate Listings

by Lane Powell PC on

Using copyright law proactively equips creative real estate professionals with the tools to protect their created content. Among the most important assets a real estate professional creates and relies on are the photographs...more

Cannabis Industry FAQ

by Pepper Hamilton LLP on

Can marijuana businesses receive federal copyright protection? Yes. The requirements for registration with the U.S. Copyright Office are that the work is original, creative and fixed in some form of expression. These...more

Circuit Divide: Is Registration a Precondition for Copyright Infringement Suits?

by McDermott Will & Emery on

Addressing the regional circuit split over whether copyright registration occurs when a copyright application is filed or when the Register of Copyrights registers the copyright, the US Court of Appeals for the 11th Circuit...more

Two layers of photo ownership in conflict in street photography case

by Thompson Coburn LLP on

“I own the photos.” It seems like a simple statement, but in copyright law, ownership isn’t simple. One person can own physical photographs, but not have the right to use them, because someone else owns the copyrights....more

Eleventh Circuit Joins Split Court Decisions on Registration Precondition for Copyright Suits

Section 411(a) of the Copyright Act generally requires copyright registration, or a refusal of registration, before a copyright action may be filed. This has led to a variety of decisions from the Circuit and District Courts...more

Fair use blocks out copyright claim over LeBron’s tattoo

by Thompson Coburn LLP on

Courtside questions: Is it fair or foul to show a player’s tattoo in a video game? LeBron James is a talented individual: three-time NBA Champion; 13-time NBA All-Star. And he gave a more than respectable performance playing...more

Got Registration? You Better if You’re Filing a Copyright Case in the 11th Circuit

by Dorsey & Whitney LLP on

Section 411(a) of the Copyright Act provides, in pertinent part, that “no civil action for infringement of the copyright in any United States work shall be instituted until preregistration or registration of the copyright...more

Intellectual Property and E-commerce Shops

by Revision Legal on

If you’re the owner of an e-commerce shop, you deal with intellectual property everyday. Intellectual property refers to the creations of the human mind. This includes symbols, images, names, inventions, and literary and...more

Application or Registration? Eleventh Circuit Widens Circuit Split

The Eleventh Circuit has widened the circuit split on whether a copyright application or completed registration is required before filing a copyright infringement lawsuit. In Fourth Estate Public Benefit v. Wall-Street.com,...more

Urban Outfitters Hit with Willful Copyright Infringement

by Knobbe Martens on

On April 4, 2017, the Ninth Circuit ruled that Urban Outfitters and Century 21 (collectively “Urban”) were liable for willful infringement of a copyrighted fabric design owned by Unicolors Inc. Unicolors is a Los Angeles...more

Key IP Questions For Emerging Businesses

by Womble Bond Dickinson on

Are you starting a new company or business venture? Launching an exciting new product or expanding into a new business line? Congratulations. Just remember, if you wind up with a high-growth opportunity, it can often pay big...more

48 Results
|
View per page
Page: of 2
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.