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ARTICLE · 06 APRIL 2021

Can A New Copyright Registration Bypass Skidmore?

Frankfurt Kurnit Klein & Selz PC
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How does a copyright plaintiff solve a problem like Skidmore? As many readers will recall, in March 2020 (which feels like far more than a year ago), the Ninth Circuit issued its decision ...

United StatesIntellectual Property
Nicole Bergstrom
Nicole Bergstrom
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How does a copyright plaintiff solve a problem like Skidmore?  As many readers will recall, in March 2020 (which feels like far more than a year ago), the Ninth Circuit issued its decision in Skidmore as Trustee for Randy Craig Wolfe Trust v. Led Zeppelin, 952 F.3d 1041 (9th Cir. 2020), holding that the scope of a copyright in an unpublished work under the 1909 Copyright Act " is defined by the deposit copy."  Id. at 1056.  (See thoughts on Skidmore  by my colleague Brian Murphy  here.). Note that under the 1909 Copyright Act, a registrant could not use a sound recording as a deposit copy so would often use the sheet music instead, which commonly lacked some of the performance elements and musical flourishes we would recognize from the final sound recording.  After Skidmore,  a registrant who had followed this procedure would have a registration only over the elements that appeared in the sheet music.

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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