On Monday, March 4, the U.S. Supreme Court unanimously declared that a work must be registered with the U.S. Copyright office prior to the copyright owner bringing an infringement lawsuit.
While registration is not required for valid copyright ownership, Section 411(a) provides that a work must be registered prior to bringing a copyright infringement lawsuit. Notably, even if the application is ultimately refused and the registration is denied, the applicant still may bring a civil action.
Previously, the circuit courts had been split on what …
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