Finally! SCOTUS Addresses Copyright Registration Requirement For Infringement Actions In Federal Court

https://www.fourthestate.org/On March 4, 2019, in Fourth Estate Pub. Benefit Corp. v. Wall Street.com, (No. 17-571), a unanimous Supreme Court decided that copyright registration is necessary before bringing an infringement action in a U.S. district court.  Opinion here and oral argument here courtesy SCOTUS blog. Justice Ginsburg, the opinion's author, was in the hospital during the oral argument.Fourth Estate sued Wall Street.com for copyright infringement shortly after applying to the Copyright Office for a copyright registration, rather than waiting the estimated seven months for the Copyright Office to issue a registration certificate.   In some parts of the country, courts permitted a plaintiff to commence a lawsuit where an application to register a copyright claim had been filed with the Copyright Office – the "application approach."  In other jurisdictions, including in the Second…

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