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Solicitor General The Copyright Act

Weintraub Tobin

Trademark and Copyright Cases to Watch in 2023

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It’s always good to start off the year with an overview of trademark and copyright cases to watch. This year, we have a couple of cases that we’ve previously discussed on our podcast The Briefing, when they were on appeal...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

Dickinson Wright

One Slip Up Can Cost You the Case: The Impact of the Supreme Court's Decision on Copyright Infringement Actions

Dickinson Wright on

There are any number of reasons a lawsuit could be dismissed. However, if you are a copyright owner, the last thing you want is to have your case dismissed because of a problem with your registration....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

Manatt, Phelps & Phillips, LLP

Copyright Registration Required, Supreme Court Rules

In a unanimous opinion resolving a circuit split, the U.S. Supreme Court held that copyright owners must wait to file an infringement lawsuit until a copyright registration has been issued....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

Fenwick & West LLP

SCOTUS Sees Copyright Registration as Prerequisite for Infringement Claim in Fourth Estate Case

Fenwick & West LLP on

In a unanimous decision this month, the U.S. Supreme Court held that a copyright claimant cannot sue for infringement until the U.S. Copyright Office has granted or rejected the application to register the copyright. In...more

Verrill

Wait Before You Sue – Supreme Court Rules Copyright Registration Must Be Approved Before Filing Infringement Suit

Verrill on

If you come across your photos, videos, music, or other creative content being used without your permission, you’ll need to wait in order to sue for infringement. On Monday, March 4, 2019, the Supreme Court unanimously ruled...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

Goulston & Storrs PC on

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

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?

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

McNees Wallace & Nurick LLC

Supreme Court Issues Two Unanimous Decisions in Copyright Litigation Cases

On March 4, 2019, the U.S. Supreme Court issued two unanimous opinions interpreting provisions of the Copyright Act. In the first case, the Court decided that the Copyright Office must register a copyright before a copyright...more

Cole Schotz

Copyright Clarity From The Supreme Court

Cole Schotz on

For years, copyright owners have faced uncertainty as to when they could file a copyright infringement claim. Title 17 U.S.C. § 411(a) states that “no civil action for infringement of the copyright in any United States work...more

Hogan Lovells

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

Hogan Lovells on

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

Pillsbury - Internet & Social Media Law Blog

Creators Take Care: SCOTUS Adjusts the Timing of the Copyright Registration Tango

Fortnite is the most popular video game in the world. So popular that it was last year’s highest earning video game, grossing more than $2.4 billion in 2018 alone. ...more

Katten Muchin Rosenman LLP

Supreme Court Confirms Registration is Prerequisite to Claim for Infringement

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

Sheppard Mullin Richter & Hampton LLP

Supreme Court Holds that a Copyright Claimant May Commence an Infringement Suit Only AFTER the Copyright Office Registers the...

On March 4, 2019, the United States Supreme Court held unanimously that “a copyright claimant may commence an infringement suit … when the Copyright Office registers a copyright.” Fourth Estate Public Benefit Corp. v....more

Bradley Arant Boult Cummings LLP

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

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

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

Fox Rothschild LLP

In Adopting The Registration Approach To Copyright Suits, SCOTUS Highlights A Statute Of Limitations Issue

Fox Rothschild LLP on

SCOTUS has finally resolved the copyright registration debate but in doing so has emphasized a statute of limitations issue of which we should all be aware. This post follows up on my colleague’s prior posts regarding when a...more

Weintraub Tobin

Supreme Court: File Your Copyright Application!

Weintraub Tobin on

This week, the Supreme Court resolved a split in the circuits regarding an issue in copyright law that affects copyright owners in California. Until now, the law in the Ninth Circuit was that a copyright owner could file...more

Mintz - Intellectual Property Viewpoints

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

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

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