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Timing Questions Arise After Copyright Registration Ruling

Law360 (May 10, 2019, 4:09 PM EDT) -- The U.S. Supreme Court’s recent decision in Fourth Estate Public Benefit Corp. v. Wall-Street.com LLC, requires that the U.S. Copyright Office must complete its review of an application for copyright registration before an infringement lawsuit can be filed.[1] U.S. District Courts in New York and California have recently applied Fourth Estate in considering the pleading standards for a copyright infringement action.

It now appears that courts may retroactively apply the completed copyright registration requirements set forth by the Supreme Court in Fourth Estate to pending actions. But it remains to be seen whether the standards may be different for actions that...

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