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Copyright Registration vs Application

By Cynthia Arato

The plaintiff in Fourth Estate Public Benefit Corp. v. Wall-Street.com LLC, where the Eleventh Circuit held that a copyright plaintiff cannot get into federal court merely upon filing an application for registration, has sought cert. from the U.S. Supreme Court. The Court just called for the view of the Solicitor General on the issue.

In its petition asking for Supreme Court review, the plaintiff said that the "question presented not only recurs repeatedly in copyright infringement cases but also frequently leads to wasteful litigation... Worse, the interpretation adopted by the Eleventh Circuit can deprive the owner of a valid copyright of statutory remedies for infringement."

The defendant responded that "registration, not simply application, is necessary," and that "Petitioner asks for an end-run around that legislative judgment, an invitation the Eleventh Circuit correctly declined."

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This page contains a single entry from the blog posted on January 9, 2018 2:56 PM.

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