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Copyright Owners Face Uphill Battle at Supreme Court (US)

Postby MrFredPFL » Tue Jan 08, 2019 11:38 pm

Story : https://www.law.com/nationallawjournal/2019/01/08/copyright-owners-face-uphill-b





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.

“Do you drive without a driver’s license when yours has expired because you wrote in to the registry of motor vehicles but they haven’t yet licensed you?” Justice Stephen Breyer asked Aaron Panner, who represents copyright holder Fourth Estate Public Benefit Corp. Breyer said he couldn’t think of something “roughly comparable and the statute is interpreted the way you want.”







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