Copyright Registration Debate May Head To High Court

Law360, New York (November 2, 2017, 12:56 PM EDT) -- While circuit splits are relatively rare in copyright law, the divide is deepening over the prerequisite for every lawsuit alleging infringement of a United States work — registration of the work with the United States Copyright Office.

Now, the U.S. Supreme Court is being asked to resolve the divide among the circuits and provide certainty as to whether a plaintiff can satisfy the registration requirement by having simply applied for a copyright registration, or whether the Copyright Office must first grant or deny the application. Although...
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