Copyright Registration Ruling Creates Insurance Risks

Law360 (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.

Fourth Estate is mostly being noted for its likely impact in preventing forum shopping, an activity common among copyright holders with no...

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