Intellectual Property Blog
Copyright Infringement Litigation: Registration v. Application
On Thursday, June 28, 2018, the U.S. Supreme Court granted a petition for writ of certiorari filed by Fourth Estate Public Benefit Corporation in the case of Fourth Estate Public Benefit Corporation v. Wall-Street.com, LLC and Jerrold D. Burden. The issue for the Court to decide is one that has long caused division among the U.S. Circuit Courts: Does the U.S. Copyright Act authorize a copyright owner to sue for copyright infringement: (A) immediately after filing a copyright application; or (B) only after the U.S. Copyright Office (“USCO”) issues (or refuses to issue) a copyright registration certificate? The Copyright Act [...]