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SCOTUS Hears Arguments on Copyright Registration Approvals
While hearing January 2019 oral arguments before it, the U.S. Supreme Court sounded inclined to resolve a circuit courts' split over copyright registration procedures against copyright holders. In Fourth Estate Public Benefit Corp. v. Wall-Street.com, 17-571, four justices suggested that the text of the federal Copyright Act requires holders to formally obtain registration from the Copyright Office before proceeding with infringement suits.
Only Justice Neil Gorsuch seemed more focused on the problems such an interpretation would create for copyright holders pursuing claims against infringers. Copyright holders argue that once they've filed their application and paid the fee they should be cleared to sue, instead of being forced to wait up to more than a year for the Copyright Office to act.
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