A unanimous U.S. Supreme Court rules that copyright
owners must have a copyright registration before pursuing
infringement claims in court.
Resolving a circuit split and a question facing any copyright
owner wishing to file an infringement suit, the U.S. Supreme Court
unanimously held in Fourth Estate Public Benefit Corp. v.
Wall-Street.com, LLC, Case No. 17-571, that a claimant may sue
only once the Copyright Office issues a decision on
registration.
For years, courts have been split over the meaning of Section
411(a) of the Copyright Act, which provides that a claimant could
only bring a copyright infringement suit after "registration
... has been made." The U.S. Courts of Appeal for the Fifth
and Ninth Circuits interpreted Section 411(a) to mean a suit could
be initiated after filing the required application, deposit, and
fee with the Copyright Office. The U.S. Courts of Appeal for the
Tenth and Eleventh Circuits, on the other hand, held that the
statute meant
