Avoiding Copyright Registration Lament

Law360, New York (April 8, 2010, 1:30 PM EDT) -- On March 2, 2010, the U.S. Supreme Court, in Reed Elsevier Inc. v. Muchnick,[1] held that the requirement of a registration pursuant to the Copyright Act, 17 U.S.C. § 411(a), as a precondition for filing an infringement suit does not restrict a federal court’s subject matter jurisdiction to decide the dispute.

While the Supreme Court’s ruling was a welcome relief to those parties seeking to uphold an $18 million settlement, the court missed the opportunity to resolve a long-standing disagreement among the lower federal courts regarding...
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