For Copyright Owners, a Tough Day at the High Court
Several justices sounded convinced that the Copyright Act requires owners to complete registration before suing for infringement, even though the process can take more than a year.
January 08, 2019 at 06:25 PM
4 minute read
The original version of this story was published on National Law Journal
The U.S. Supreme Court sounded inclined Tuesday to resolve a circuit split over copyright registration procedures against copyright holders.
Four justices suggested that the text of the Copyright Act requires holders to formally obtain registration from the Copyright Office before proceeding with infringement suits.
Only Justice Neil Gorsuch seemed more focused on the problems such an interpretation would create for copyright holders pursuing claims against infringers. Copyright holders argue that once they've filed their application and paid the fee they should be cleared to sue, instead of being forced to wait up to 15 months for the Copyright Office to act.
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