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Fourth Estate Pub. Benefit Corp. v. Wall-Street.com, LLC

Supreme Court to Review Copyright Registration Requirements

Fourth Estate Pub. Benefit Corp. v. Wall-Street.com, LLC, No. 17-571, 2018 WL 3148286 (U.S. cert. granted June 28, 2018) (11th Cir: PRYOR, Martin, Boggs) (S.D. Fla.: Scola) (5 of 5 stars)

The Supreme Court has granted certiorari to review the conditions necessary to indicate that a copyright has been registered for the purpose of 17 U.S.C. § 411(a). The Eleventh Circuit held (856 F.3d 1338 (11th Cir. 2017)) that a copyright holder’s delivery of its application and fee was insufficient unless the Copyright Office had actually acted on the application.

Fourth Estate’s cert petition presented the following question:

Whether “registration of [a] copyright claim has been made” within the meaning of § 411(a) when the copyright holder delivers the required application, deposit, and fee to the Copyright Office, as the Fifth and Ninth Circuits have held, or only once the Copyright Office acts on that application, as the Tenth Circuit and, in the decision below, the Eleventh Circuit have held.

KEYWORDS: COPYRIGHT; REGISTRATION