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In March 2019, the U.S. Supreme Court held that, under 17 U.S.C. §411(a), “registration occurs, and a copyright claimant may commence an infringement suit, when the Copyright Office registers a copyright” — that is, acts on a registration application, rather than when an applicant delivers the registration materials to the Copyright Office. Fourth Estate Public Benefit Corp. v. Wall-Street.com LLC, 139 S. Ct. 881 (2019). The 9-0 Supreme Court majority opinion, by Justice Ruth Bader Ginsburg, affirmed a ruling by the U.S. Court of Appeals for the Eleventh Circuit and helped clarify the U.S. Copyright Act’s use of the word “registration” that had split the federal circuits. But even with Fourth Estate, some questions remain.
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By Stan Soocher
In a case of first impression, the Eleventh Circuit decided that a copyright plaintiff may recover damages that occur more than three years before a copyright lawsuit is filed.
Nugent Photo Copyright Dispute Offers Appellate Look at Post-Warhol Fair-Use Analysis
By Avalon Zoppo
The Fourth Circuit ruled that a copyright infringement claim against a news site, for using a photo of musician Ted Nugent without credit, could proceed, one of the first federal appellate decisions interpreting the U.S. Supreme Court’s most recent iteration of the fair use test.
By Entertainment Law & Finance Staff
Malpractice Claims Filed Against Loeb & Loeb and Of Counsel Over King Fury 2 Film Production
King, Holmes, Paterno & Soriano Sued for Malpractice Over Representation of Sublime Band
By Entertainment Law & Finance Staff
Notable recent court filings in entertainment law.