What Has The Supreme Court Decided Regarding Copyright Litigation Registration Requirement?
Copyright Litigation Registration Requirement
The Supreme Court is set to address a long-standing split among courts over whether copyright owners must complete the registration process before filing an infringement lawsuit. The outcome could significantly affect how quickly and affordably creators are able to enforce their rights.
The Supreme Court Will Clarify the Copyright Registration Requirement — In Fourth Estate Public Benefit Corp. v. Wall-Street.com, the Court will interpret Section 411(a) of the Copyright Act, which bars infringement suits until a copyright is “preregistered” or “registered.” The key issue is whether registration occurs when an application is submitted (the “application approach”) or only after the Copyright Office acts on the application (the “registration approach”). This distinction determines whether plaintiffs may file suit immediately or must wait months for formal approval.
Lower Courts Have Dismissed Claims Pending Formal Registration — In Fourth Estate, the plaintiff sued Wall-Street.com for continuing to display copyrighted content after a licensing agreement fell apart. Both the district court and the appellate court dismissed the case, holding that the lawsuit could not proceed because the Copyright Office had not yet approved the application. These rulings highlight the practical consequences of adopting the registration approach, particularly when infringement is ongoing.
The Decision Could Increase Costs and Delay Enforcement — Federal courts have been divided on the proper interpretation of the Copyright Act, prompting Supreme Court review. If the Court adopts the registration approach, copyright owners, especially independent artists and smaller creators, may face financial and strategic burdens. Expedited registration can cost hundreds of additional dollars, potentially discouraging enforcement and delaying relief in time-sensitive infringement cases.
For more information, see our blog post Supreme Court to Decide: Copyright Litigation Registration Requirement.
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This article is provided for informational purposes only and does not constitute legal advice. For guidance on specific legal matters under federal, state, or local laws, please consult with our IP Lawyers.
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