COFC Case Reveals Longevity Of Online Copyright Claims

Law360 (September 10, 2019, 10:13 AM EDT) -- The recent U.S. Court of Federal Claims case APL Microscopic LLC v. United States[1] involves a photo of stem cells, which allegedly used to be quite uncommon and therefore allegedly commanded a premium license fee. The photographer took the photo in 1996. For unspecified reasons, the National Aeronautics and Space Adminstration posted the photo to its website in August 2004. NASA last updated that page in November 2007.

The photographer registered the photo’s copyright on Dec. 20, 2007.[2] According to the registration, the photo was published no later than October 2001, so the registration was made well after the deadline to...

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