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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.
Perfecting Film Financiers’ Liens in Copyrights
By Bruce Goldner
The law on how to perfect a lien in a copyright application is foggy at best. This article sketches out pitfalls of the current process for perfecting a lien on a copyright application, and potential steps that a financier may take to help perfect and protect a film investment.
Decision of Note: 6th Cir. Says No ‘Magic Words’ to ‘Elect’ Copyright Statutory Damages
By Stan Soocher
The U.S. Court of Appeals for the Sixth Circuit decided that §504 of the U.S. Copyright Act doesn’t require any “magic words incantation” for a copyright infringement plaintiff to choose a statutory damages award, that “[t]he word ‘elect’ does not by itself require formal procedures.”
No Secondary Liability Seen Yet, By Band’s Reps, for Sexual Assault
By ssalkin
A federal judge in Camden, NJ decided that a Christian rock band’s management, talent agent and lead singer weren’t vicariously liable for the sexual assault of a teenage fan committed by a member of the band.
11th Circuit Says Anti-SLAPP Law Doesn’t Belong in Federal Court
By R. Robin McDonald
The U.S. Court of Appeals for the Eleventh Circuit rejected an appeal by CNN to dismiss a libel case over the cable network’s 2015 investigation of infant deaths at a Florida hospital.
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