Supreme Court Throws Copyright Owners Curveballs

It is weeks away from opening day, yet the United States Supreme Court had its own pre-season double header of sorts this past Monday. The United States Supreme Court issued unanimous decisions in two copyright cases on March 4, 2019. Both cases have implications for litigants. The first decision confirms that the copyright owner must have registered the copyright claim prior to bringing suit for infringement. The second decision confirms that the only costs available to a prevailing party in a copyright infringement case are the costs identified in the federal general cost statute.

Fourth Estate Public Benefit Corp. v. Wall-Street.com

The wait is over . . . or is it? This week the Supreme Court resolved a long-standing debate among the circuits over whether a copyright registration must be issued before a claimant can bring an infringement action to enforce rights in that registration. The high court ruled in Fourth Estate Public Benefit Corp. v. Wall-Street.com t