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COPYRIGHT JURISDICTION/ REGISTRATION REQUIRED
The U.S. District Court for the Southern District of New York decided that it lacked subject matter jurisdiction over a claim for actual damages in an infringement suit in which the plaintiff filed for but hadn't yet obtained a certification of registration from the U.S. Copyright Office. DMBJ Productions v. TMZ TV, 08 Civ. 6160 (S.D.N.Y. 2009). DMBJ Productions sued over the alleged unauthorized inclusion in TMZ's TV entertainment-news show of the plaintiff's footage of Jennifer Lopez entering a TV studio. Section 411(a) of the Copyright Act provides that “no action for infringement of the copyright in any United States work shall be instituted until preregistration or registration of the copyright claim has been made in accordance with this title.” DMBJ applied for but had not yet received a certificate of registration.
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