A District Court Split On Curing Copyright Timing Defects

Law360 (August 15, 2019, 2:09 PM EDT) -- Before the U.S. Supreme Court's holding in Fourth Estate Public Benefit Corp. v. Wall-Street.com LLC, [1] many circuit courts allowed plaintiffs to file copyright suits after merely filing copyright applications, without having to wait until the registrations actually issued. But then the Supreme Court in Fourth Estate held that plaintiffs had to wait until they received the copyright registrations (or denials) to sue. However, the Supreme Court did not address whether a plaintiff, who filed suit before obtaining a copyright registration, may cure that defect by amending the complaint after it received the registration.

Now district courts are split on whether...

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