Copyright Registration in the United States
By Team Legistify / 2017-06-08
Read about the laws relating to copyright registration and infringement of copyright in India.

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Registration is not required for valid copyright ownership, but it is required before you can bring a copyright infringement lawsuit. Section 411(a) of the Copyright Act provides that:

No civil action for infringement of the Copyright in any United States work shall be instituted until the registration of the copyright claim has been made in accordance with this title. In any case, however, where the deposit, application, and fee required for registration have been delivered to the Copyright Office in proper form and registration has been refused, the applicant is entitled to institute a civil action for infringement if notice thereof, with a copy of the complaint, is served on the Register of Copyrights.

Earlier this month the Eleventh Circuit was confronted with this question in Fourth Estate Public Benefit Corporation v. Wall-Street.com, LLC . The plaintiff, in that case, had licensed certain syndicated news stories to the defendant. But when the license ran out, the defendant didn’t take them down from its website. The plaintiff hadn’t yet registered the stories with the Copyright Office, but it didn’t want to wait to sue, so it applied to the Copyright Office and simultaneously filed a copyright infringement complaint, in which it alleged that it had filed “applications to register” the copyrights in question.

Eleventh Circuit, which affirmed the dismissal of the claim.

The Registration Approach

Read about the laws relating to copyright registration and infringement of copyright in India.

Have a Legal Issue?

Get connected to the Best Lawyers and Chartered Accountants Near You!


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