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Expert Analysis

Copyright Registration Ruling Creates Insurance Risks

By Elizabeth Retersdorf (April 5, 2019, 10:30 AM EDT) -- The U.S. Supreme Court recently resolved a circuit split regarding the registration requirement for copyright infringement lawsuits. In Fourth Estate Public Benefit Corp. v. Wallstreet.com LLC,[1] the court held that copyright holders must not only apply for copyright registration, but also obtain it before bringing suit. Previously, a number of jurisdictions allowed a copyright holder to bring suit so long as an application for registration had been filed, regardless of whether the U.S. Copyright Office had acted on it....

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