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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS