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Supreme Court of the United States › Petition for Writ of Certiorari › The Copyright Act

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Irwin IP LLP

Server Test in the Spotlight: What You See or How You See It?

Irwin IP LLP on

Elliot McGucken v. Valnet, Inc., No. 24-1040 (U.S. filed Mar. 28, 2025) - Introduction - In the Magician’s Nephew, C.S. Lewis wrote that “[w]hat you see… depends a good deal on where you are standing….,” but is the...more

McDermott Will & Emery

Supreme Court to Address Whether Copyright Protection Available for Annotated State Code

McDermott Will & Emery on

The Supreme Court of the United States granted the State of Georgia’s request to address whether it can claim copyright ownership over annotations made to its official legal code. State of Georgia, et al. v....more

Womble Bond Dickinson

Who Owns the Law? Supreme Court to Decide if State Governments Can Copyright Legal Texts

Womble Bond Dickinson on

It is long established that “ignorance of the law is no excuse,” but what if that ignorance is born out of restricted access to the law? If the full extent of the law can be revealed only by paying subscription fees, is it...more

Akerman LLP - Marks, Works & Secrets

Supreme Court to Rule on Copyright Protection of State Annotated Legal Codes

Akerman LLP - Marks, Works & Secrets on

On June 24, 2019, the U.S. Supreme Court granted certiorari to decide whether states can claim copyright protection in annotated codes. State of Georgia v. Public.Resource.Org, Inc., No. 18-1150. ...more

Carlton Fields

Supreme Court Resolves Circuit Court Split: Copyright Registration Is a Prerequisite to a Copyright Infringement Suit

Carlton Fields on

The Supreme Court has spoken, and it’s official: Copyright infringement claims can only be brought after the copyright in question has been registered in the U.S. Copyright Office....more

Latham & Watkins LLP

Supreme Court Blocks Copyright Infringement Claims Until Actual Registration Issues

Latham & Watkins LLP on

Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC has important implications for copyright owners who file infringement suits, including authors of literary, musical, and dramatic works. Key Points: ..The...more

Jones Day

Registration Required: Supreme Court Resolves Circuit Split Over Requirements for Copyright Action

Jones Day on

A unanimous U.S. Supreme Court rules that copyright owners must have a copyright registration before pursuing infringement claims in court. Resolving a circuit split and a question facing any copyright owner wishing to...more

Morrison & Foerster LLP

What Does The Recent Copyright Registration Ruling Mean For Your Business?

Morrison & Foerster LLP on

In Fourth Estate Public Benefit Corp. v. Wall-Street.com, the Supreme Court resolved a longstanding circuit split by unanimously holding a copyright owner of a United States work may not file an infringement lawsuit until...more

Miller & Martin PLLC

Supreme Court Clarifies Copyright Act’s Registration Requirement

Miller & Martin PLLC on

On March 4th, the Supreme Court held that a potential copyright plaintiff must wait until the Copyright Office “has registered a copyright after examining a properly filed application” before suing for copyright infringement....more

Katten Muchin Rosenman LLP

Supreme Court Confirms Registration is Prerequisite to Claim for Infringement

Katten Muchin Rosenman LLP on

On March 4, the US Supreme Court resolved a circuit split and held that, with limited statutory exceptions, the issuance of a registration from the Copyright Office is a prerequisite to filing a claim for infringement. See...more

Bradley Arant Boult Cummings LLP

The U.S. Supreme Court Issues Two Recent Copyright Decisions - Intellectual Property News

Bradley Arant Boult Cummings LLP on

On a busy Monday for copyright law that saw everything from the return of RBG to discursions about hot dogs at sporting events, the Supreme Court issued two unanimous opinions concerning requirements for filing copyright...more

McDermott Will & Emery

Copyright Registration Is the Entry Ticket into Federal Court

McDermott Will & Emery on

On March 4, 2019, in a unanimous decision in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, the US Supreme Court resolved a longstanding circuit split on whether a copyright claimant must have registered with US...more

Mintz - Intellectual Property Viewpoints

U.S. Supreme Court Holds That Copyrights Must Be Registered before Plaintiffs Can File Infringement Suits

Mintz - Intellectual Property Viewpoints on

The U.S. Supreme Court held today that bringing a suit for copyright infringement requires that the infringed work actually be registered with the U.S. Copyright Office, and that a mere application for registration will not...more

Wilson Sonsini Goodrich & Rosati

U.S. Supreme Court Requires Copyright Registration Before Litigation

Wilson Sonsini Goodrich & Rosati on

On March 4, 2019, the U.S. Supreme Court held that parties seeking to institute copyright infringement litigation must do more than merely apply to register their work with the Copyright Office prior to filing suit. In Fourth...more

Proskauer - Minding Your Business

“License and [Copyright] Registration Please”: Key Takeaways from the Supreme Court’s Opinion Clarifying When a Copyright Claimant...

Proskauer - Minding Your Business on

On Monday, March 4, the Supreme Court unanimously decided that a copyright claimant may only bring a suit for copyright infringement after the copyright has been registered by the Copyright Office, not while the registration...more

Proskauer - New Media & Technology

Registrations, not Applications: Supreme Court Says Copyright Owners Must Wait to Sue

Proskauer - New Media & Technology on

This Monday, the Supreme Court unanimously ruled in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, 586 U.S. ____ (Mar. 4, 2019), that a copyright owner may commence an infringement suit only when the Copyright...more

Perkins Coie

More Reasons to Register Copyrights Early: Owners Must Register Before They Sue

Perkins Coie on

The U.S. Supreme Court’s decision in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, 586 U.S. __ (2019), issued March 4, 2019, resolves a longstanding circuit split regarding whether the Copyright Act of 1976...more

Lewitt Hackman

SCOTUS: No Copyright Registration, No Infringement Lawsuit

Lewitt Hackman on

The wheels of government turn slowly to the detriment of copyright owners, according to a unanimous opinion delivered by U.S. Supreme Court Justice Ruth Bader Ginsberg, in Fourth Estate Public Benefit Corporation v....more

Bracewell LLP

The 411 on Section 411(a) of the Copyright Act: Supreme Court Holds That Copyright Owners Cannot File Infringement Lawsuits Until...

Bracewell LLP on

Copyright owners cannot file infringement lawsuits until after the subject work has been granted registration by the U.S. Copyright Office. This unanimous decision from the Supreme Court today in Fourth Estate Pub. Benefit...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

Snell & Wilmer

Supreme Court Copyright Decision Indicates Greater Proactivity by Would-Be Infringement Plaintiffs

Snell & Wilmer on

Before today’s decision by the United States Supreme Court in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, there were two views on whether a copyright had to be registered, as opposed to an application for...more

Dorsey & Whitney LLP

BREAKING NEWS: The Supreme Court Rules that You Need a Copyright Registration to Sue for Copyright Infringement in Federal Court

Dorsey & Whitney LLP on

This morning, the Supreme Court resolved a longstanding circuit split about whether a copyright infringement plaintiff must first obtain a registration from the Copyright Office for the work upon which its claim is based...more

Skadden, Arps, Slate, Meagher & Flom LLP

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

Skadden, Arps, Slate, Meagher & Flom LLP on

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

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC

Faegre Drinker Biddle & Reath LLP on

On March 4, 2019, the Supreme Court of the United States decided Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, No. 17-571, holding that under section 411(a) of the Copyright Act, a party may sue for copyright...more

Ladas & Parry LLP

SCOTUS Holds A Copyright Must Be Registered Before The Owner Of The Copyright Can Sue For Infringement

Ladas & Parry LLP on

Yesterday, the Supreme Court held in Fourth Estate Public Benefit Corp. v. Wall-Sreet.com, LLC et al., that before a party can file suit for copyright infringement, the copyright must be registered with the U.S. Copyright...more

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