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Damages Split of Authority Copyright Infringement

Dorsey & Whitney LLP

Can you Repeat the Question? Supreme Court Hears Oral Argument on the Scope of Damages in Copyright Infringement

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​​​​​​​The Supreme Court heard oral argument in February in Warner Chappell Music, Inc. v. Nealy, a case that promised to resolve a split among the U.S. Courts of Appeal relating to the scope of damages available to copyright...more

Dorsey & Whitney LLP

Whose Song Is It Anyway? Questions about Samples in Flo Rida and will.i.am’s Hit “In the Ayer” Soar to the Supreme Court

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On September 29, 2023, the Supreme Court granted certiorari in Warner Chappell Music, Inc. v. Nealy, a case that should resolve a split among the U.S. Courts of Appeal relating to the scope of damages available to copyright...more

Dorsey & Whitney LLP

SCOTUS Agrees to Consider Whether Copyright Act Section 411 Requires an Intent to Defraud

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The U.S. Supreme Court recently granted certiorari to tackle a technical copyright registration question: when a defendant alleges knowing inaccuracies in a copyright registration, does 17 U.S.C. § 411 require referral to the...more

Fenwick & West LLP

SCOTUS: Full Costs in Copyright Cases Limited by General Costs Statute

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In Rimini Street v. Oracle USA, the U.S. Supreme Court held unanimously that the “full costs” the Copyright Act authorizes federal district courts to award a party in copyright litigation means the costs specified in the...more

Carlton Fields

Supreme Court Resolves Circuit Court Split: Copyright Registration Is a Prerequisite to a Copyright Infringement Suit

Carlton Fields on

The Supreme Court has spoken, and it’s official: Copyright infringement claims can only be brought after the copyright in question has been registered in the U.S. Copyright Office....more

Dickinson Wright

One Slip Up Can Cost You the Case: The Impact of the Supreme Court's Decision on Copyright Infringement Actions

Dickinson Wright on

There are any number of reasons a lawsuit could be dismissed. However, if you are a copyright owner, the last thing you want is to have your case dismissed because of a problem with your registration....more

Latham & Watkins LLP

Supreme Court Blocks Copyright Infringement Claims Until Actual Registration Issues

Latham & Watkins LLP on

Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC has important implications for copyright owners who file infringement suits, including authors of literary, musical, and dramatic works. Key Points: ..The...more

Sunstein LLP

March 2019 IP Update - Not All Litigation Expenses Are Recoverable Under the Copyright Act

Sunstein LLP on

On March 4, the Supreme Court overturned a ruling that required Rimini Street to pay $12.8 million for Oracle’s litigation costs in a copyright infringement case. Rimini Street, Inc. v. Oracle USA, Inc. Many of the costs...more

Manatt, Phelps & Phillips, LLP

Copyright Registration Required, Supreme Court Rules

In a unanimous opinion resolving a circuit split, the U.S. Supreme Court held that copyright owners must wait to file an infringement lawsuit until a copyright registration has been issued....more

Neal, Gerber & Eisenberg LLP

Client Alert: U.S. Supreme Court Mandates Copyright Registration to Litigate Infringement Claims

This month, the U.S. Supreme Court highlighted yet another reason to seek copyright registration as soon as possible. In a unanimous decision, the Supreme Court ruled in Fourth Estate Public Benefit Corp. v. Wall-Street.com...more

Fenwick & West LLP

SCOTUS Sees Copyright Registration as Prerequisite for Infringement Claim in Fourth Estate Case

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In a unanimous decision this month, the U.S. Supreme Court held that a copyright claimant cannot sue for infringement until the U.S. Copyright Office has granted or rejected the application to register the copyright. In...more

White & Case LLP

Supreme Court Clarifies the Rules for Enforcing Copyrights

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On March 4, 2019, the Supreme Court issued two unanimous opinions that clarify when copyright owners can sue for infringement and what costs they can recover from infringers. In Fourth Estate v. Wall-Street.com, the Court...more

Verrill

Wait Before You Sue – Supreme Court Rules Copyright Registration Must Be Approved Before Filing Infringement Suit

Verrill on

If you come across your photos, videos, music, or other creative content being used without your permission, you’ll need to wait in order to sue for infringement. On Monday, March 4, 2019, the Supreme Court unanimously ruled...more

Coblentz Patch Duffy & Bass

Supreme Court Issues Two Copyright Rulings

The U.S. Supreme Court issued two rulings last week on copyright law. In both cases, they acted to resolve conflicts between the Circuits, following closely to statutory language....more

Jones Day

Jones Day Talks: Women in IP: The Supreme Court's "Copyright Day"

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In Fourth Estate Public Benefit Corporation v. Wall-Street.com, the U.S. Supreme Court tackled questions relating to copyright applications vs. copyright registrations, while in Rimini Street v. Oracle, the justices ruled on...more

Goulston & Storrs PC

SCOTUS's Special Exception for Copyright Protection

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On Monday, March 4, 2019, the U.S. Supreme Court issued a decision that stands as an important reminder to owners of copyrightable works: registration of a copyright is a prerequisite to filing a lawsuit for copyright...more

Hogan Lovells

U.S. Supreme Court adopts “registration approach” for copyright infringement actions

Hogan Lovells on

The U.S. Supreme Court has announced in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC that copyright owners must wait for the Copyright Office to formally grant, or refuse to grant, a copyright registration...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Holds that a Copyright Claimant May Commence an Infringement Suit Only AFTER the Copyright Office Registers the...

On March 4, 2019, the United States Supreme Court held unanimously that “a copyright claimant may commence an infringement suit … when the Copyright Office registers a copyright.” Fourth Estate Public Benefit Corp. v....more

Eversheds Sutherland (US) LLP

The Supreme Court weighs in on copyright matters – a costly decision and a registration requirement

It has been a big week for copyright cases, and it’s only Wednesday. This Monday, the Supreme Court issued opinions on two copyright cases pending before it from the October 2018 term. ...more

Robins Kaplan LLP

SCOTUS Unanimously Holds Copyright Owners Must Obtain Registration Before Filing Suit

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The Supreme Court has finally resolved the application v. registration debate by holding the Copyright Act obligates an owner to obtain a registration for their work before filing an infringement action....more

Lewitt Hackman

SCOTUS: No Copyright Registration, No Infringement Lawsuit

Lewitt Hackman on

The wheels of government turn slowly to the detriment of copyright owners, according to a unanimous opinion delivered by U.S. Supreme Court Justice Ruth Bader Ginsberg, in Fourth Estate Public Benefit Corporation v....more

Dorsey & Whitney LLP

The Supreme Court - March 4, 2019

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Today, the Supreme Court issued three decisions: Rimini Street, Inc. v. Oracle USA Inc., No. 17-1625: Section 505 of the Copyright Act permits courts to award “full costs” to a party in a civil action. Broadly interpreting...more

Bracewell LLP

The 411 on Section 411(a) of the Copyright Act: Supreme Court Holds That Copyright Owners Cannot File Infringement Lawsuits Until...

Bracewell LLP on

Copyright owners cannot file infringement lawsuits until after the subject work has been granted registration by the U.S. Copyright Office. This unanimous decision from the Supreme Court today in Fourth Estate Pub. Benefit...more

Ballard Spahr LLP

Supreme Court Allows Copyright Actions Only After Office Acts on Application and Limits Recovery of Costs

Ballard Spahr LLP on

In two unanimous opinions, the Supreme Court on March 4, 2019, clarified two important issues under the Copyright Act—in both cases, based on a strict reading of the relevant text. ...more

Womble Bond Dickinson

Supreme Court Clarifies Copyright Law: “Application” v. “Registration” Finally Resolved

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On Monday, March 4, 2019, the United States Supreme Court issued an opinion that clarified the long-standing issue of whether a plaintiff bringing a copyright infringement action has to have an issued registration or just a...more

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