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U.S. Supreme Court Could Make Copyright Officer Significant Player In Copyright Infringement Litigation

The U.S. Supreme Court granted certiorari in Unicolors v. H&M Hennes & Mauritz to address the following question: "Did the Ninth Circuit err in breaking with its own prior precedent and the findings of other circuits and the Copyright Office in holding that 17 U.S.C. §411 requires referral to the Copyright Office where there is no indicia of fraud or material error as to the work at issue in the subject copyright registration?"

7 minute read September 01, 2021 at 12:07 AM
By
Robert W. Clarida and Robert J. Bernstein
U.S. Supreme Court Could Make Copyright Officer Significant Player In Copyright Infringement Litigation

On June 1, the U.S. Supreme Court granted certiorari in Unicolors v. H&M Hennes & Mauritz, L.P.

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The Copyright Royalty Board (CRB), which works under the umbrella of the Librarian of Congress, sets statutory-license royalty terms and rates. The U.S. Courts of Appeals for the D.C. Circuit recently issued two notable decisions about the CRB.

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