Implications Of Reed Elsevier V. Muchnick

Law360, New York (March 17, 2010, 12:04 PM EDT) -- On March 2, 2010, in Reed Elsevier Inc. v. Muchnick, No. 08-103, the U.S. Supreme Court held that failure to have a federal copyright registration for the underlying work in a copyright infringement lawsuit is not a jurisdictional defect and therefore does not preclude courts from having subject matter jurisdiction over the copyright claim.

This case addresses the Copyright Act’s “registration requirement,” 17 U.S.C. § 411(a), which states in relevant part that: “no civil action for infringement of the copyright in any United States work[1] shall...
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