U.S. Supreme Court Issues Two Copyright Opinions On Same Day

On March 4, 2019, the Supreme Court issued two unanimous opinions regarding copyright.  Both rulings—one concerning registration and the other regarding costs available under the Copyright Act—are firmly grounded in the statutory text.  

In Fourth Estate Public Benefit Corp v. Wall-Street.com, LLC the Court resolved a Circuit split concerning when "registration" occurs, and an infringement action may be instituted, under 17 U.S.C. § 411(a).  The Court adopted the "registration approach," holding that "registration occurs, and a copyright claimant may commence an infringement suit, when the Copyright Office registers a copyright."  The Court found that the registration approach—as opposed to the "application approach," under which "registration" occurs upon submission of an application to the Copyright Office—reflects the only satisfactory interpretation of the statutory text, which prohibits a copyright owner from bringing suit for infringement until "registration