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ARTICLE · 17 DECEMBER 2007

A "Reconstruction" Does Not Fulfill Copyright Application Deposit Requirement

McDermott Will & Emery
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In a case of first impression, the U.S. Court of Appeals for the First Circuit joined the Sixth and Ninth Circuits in finding that a reconstruction is not a "copy" for purposes of a copyright application deposit.

United StatesIntellectual Property
Sarah Brown
Sarah Brown
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In a case of first impression, the U.S. Court of Appeals for the First Circuit joined the Sixth and Ninth Circuits in finding that a reconstruction is not a "copy" for purposes of a copyright application deposit. Torres-Negron v. J & N Records, LLC, Case Nos. 06-2058, 06-2059 (1st Cir., Oct. 2, 2007) (Laffitte, J.).

Plaintiff Fernando Torres-Negron wrote a song and gave his friend the only copy of the lyrics and the tape of Torres-Negron performing the song. Years later, after the friend’s band recorded the song and it appeared on several albums, Torres-Negron registered the song with the U.S. Copyright Office. To fulfill the deposit requirement, Torres-Negron typed out the lyrics and made a new recording of himself performing the song. He then filed suit against J&N. After the jury found for Torres-Negron, the district court granted defendant judgment as a matter of law on the grounds, inter alia, that Torres-Negron’s copyright registration was invalid and thus the court did not

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