SUPREME COURT TO DECIDE IF REGISTRATION IS REQUIRED BEFORE SUING FOR COPYRIGHT INFRINGEMENT

Today the U.S. Supreme Court granted a petition for writ of certiorari in the case of Fourth Estate Public Benefit Corporation v. Wall-Street.com. The issue in the case is whether a copyright owner must register for a copyright before suing for copyright infringement. Federal circuit courts around the country have split on the issue of whether a copyright owner must receive a full registration or merely file an application for a copyright before suing. In this case Fourth Estate sued Wall-Street.com for re-posting articles without its permission. The district court dismissed the case because Fourth Estate had not received a registration for its copyrights; they had only filed an application for registration. The Eleventh Circuit Court of Appeals affirmed, and that decision is now before the Supreme Court. More than likely the Supreme Court is going to find that a full registration is required before suing for copyright infringement. But stay tuned, the Court could make it easier to sue for copyright infringement. The Corcoran Law Firm is knowledgeable in all areas of copyright law and is ready to assist you when needed. Please give us a call at (903) 701-2481 or email us at peter@corcoranip.com.