Anthony J Fuga is a Partner in Holland &
Knight's
Chicago office.
The U.S. Supreme Court in Fourth Estate Pub. Benefit Corp.
v. Wall-Street.com, LLC clarified that copyright registration
occurs, and a claimant may commence a copyright infringement suit,
once the U.S. Copyright Office registers a copyright. The Court, in
an opinion issued on March 4, 2019, found that
this was the only satisfactory reading of Title 17 U.S.C. Section
411(a)'s text.
This decision resolves a division among the U.S. Court of
Appeals. For instance, the Ninth Circuit had held that registration
has been made and an infringement suit could commence when the
copyright claimant's complete application is received by the
Copyright Office. This is no longer valid.
