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Copyright › Copyright Infringement › Registration

A Copyright is an exclusive legal right granted to the creator of an original work to license, copy, sell, distribute, or otherwise exploit the work for his or her own benefit.
McDermott Will & Emery

Ricky Martin’s “Vida” Lives On, but Plaintiff Will Get Another Shot at It

McDermott Will & Emery on

Addressing whether a copyright infringement claim should be dismissed with prejudice where the plaintiff failed to register his copyright prior to filing the lawsuit, the US Court of Appeals for the First Circuit held that...more

Foley Hoag LLP - Making Your Mark

Registration v. Application: A Copyright Circuit Split

Foley Hoag LLP - Making Your Mark on

Registration is not required for valid copyright ownership, but it is required before you can bring a copyright infringement lawsuit. Section 411(a) of the Copyright Act provides that...more

Polsinelli

"Ready? Okay!": Clothing Design Copyright Affirmed by Sixth Circuit Despite Dissent Stating Industry is "a Mess"

Polsinelli on

Recently, the Sixth Circuit Court of Appeals ("Sixth Circuit") in Varsity Brands, Inc. v. Star Athletica, LLC, decided that clothing designs (in this case, a cheerleading uniform) can be protected by copyright under the...more

Foley & Lardner LLP

DMCA Deadlines May Not Trump Registration Requirement for Copyright Infringement

Foley & Lardner LLP on

Before bringing an action for Copyright infringement in Federal Court, a Copyright holder must first register their Copyright with the U.S. Copyright Office. See 17 U.S.C. § 411. This is true even though a Copyrighted work is...more

Pillsbury Winthrop Shaw Pittman LLP

Copyright Litigation Update: Copyright Register Has “Right to Weigh in” Before Registration Is Invalidated

Pillsbury Winthrop Shaw Pittman LLP on

Earlier this month, the 7th Circuit Court of Appeals reversed a district court’s decision invalidating a copyright registration, in spite of its agreement with the lower court’s factual finding that the copyright registrant...more

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