News & Analysis as of

Copyright Registration Supreme Court of the United States

Lowndes

When the Machine Becomes the Creator: Artificial Intelligence v. the Human Creator Requirements of U.S. Copyright Law

Lowndes on

On March 18, 2025 the U.S. Supreme Court issued its decision in Stephen Thaler v. Shira Perlmutter et al., confirming that U.S. law requires human authorship. Specifically, the question presented to the Court was “can a...more

Ladas & Parry LLP

Copyright Protection for Works Resulting From Some Use of Artificial Intelligence in the United States

Ladas & Parry LLP on

17 USC 102(a) provides copyright protection for original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated,...more

McDermott Will & Schulte

After Supreme Court Remand, Copyright Infringement Claims Upheld in View of Registrant’s Unknown Inaccuracies

McDermott Will & Schulte on

In February 2022, the Supreme Court of the United States held in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., that lack of either factual or legal knowledge on the part of a copyright holder can excuse an inaccuracy in the...more

Weintraub Tobin

Podcast: The Briefing by the IP Law Blog - SCOTUS Issues First IP Ruling of 2022 in Unicolors, Inc. v. H&M Hennes & Maurits, LP

Weintraub Tobin on

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Supreme Court’s first intellectual property ruling of 2022. ...more

Weintraub Tobin

The Briefing by the IP Law Blog: SCOTUS Issues First IP Ruling of 2022 in Unicolors, Inc. v. H&M Hennes & Maurits, LP

Weintraub Tobin on

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Supreme Court’s first intellectual property ruling of 2022. ...more

Dorsey & Whitney LLP

To Err is Human: Supreme Court Holds That Mistakes of Law in Copyright Applications Fall Under Safe Harbor

Dorsey & Whitney LLP on

Most lawyers are familiar with the well-known legal maxim that “ignorance of the law is no excuse.” In 6-3 opinion issued on February 24, 2022, in a copyright case, the Supreme Court nonetheless held that ignorance of the law...more

Kohrman Jackson & Krantz LLP

Several Shades Of Ignorance: The Supreme Court Excuses Inadvertent Mistakes Of Fact And Of Law In Copyright Registrations

With its recent decision in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P. (2022) the U.S. Supreme Court has confirmed that errors in copyright applications will not invalidate a copyright registration whether such errors...more

Sunstein LLP

“Everybody Makes Mistakes”- A Forgiving Approach by the Supreme Court Changes Copyright Law

Sunstein LLP on

The Supreme Court recently issued a surprising opinion regarding the safe harbor provision of the Copyright Act: If an applicant makes a mistake of fact or law in their application, the registration will still be valid. At...more

Proskauer - Minding Your Business

Supreme Court Excuses Inadvertent Legal Errors in Copyright Applications

The United States Supreme Court, in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., a recent 6-3 decision, found that innocent legal errors in copyright applications do not preclude copyright holders from taking advantage of...more

Davis Wright Tremaine LLP

Supreme Court Holds Inaccuracy in a Copyright Registration Only Invalidates the Registration With Proof of Actual Knowledge of...

On February 24, 2022, the U.S. Supreme Court held in a 6-3 decision that an error in an application for copyright registration can invalidate a registration only where the applicant has actual knowledge of or is willfully...more

Jenner & Block

Supreme Court Holds that Mistakes of Both Law and Fact Can Excuse Inaccurate Copyright Registrations

Jenner & Block on

Last week, the Supreme Court issued its opinion in the closely watched case of Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., holding 6-3 that a copyright registrant’s lack of knowledge of errors of either law or fact can...more

Neal, Gerber & Eisenberg LLP

Good-Faith Mistakes of Law Will Not Invalidate Copyright Registrations

Ignorantia juris non excusat, or, ignorance of the law is no excuse, is a familiar maxim. However, the Supreme Court ruled last week that good-faith mistakes of law will not invalidate otherwise valid copyright registrations....more

Morgan Lewis

Copycats Beware: Unintentional Mistake of Law in Copyright Application Does Not Render Registrations Invalid

Morgan Lewis on

The US Supreme Court held that the Copyright Act’s safe harbor provision for unintentional mistakes made in copyright registrations applies equally to mistakes of law and fact. ...more

Fenwick & West LLP

Ignorance of the Law is an Excuse, at Least for Copyright Registrations, SCOTUS Rules

Fenwick & West LLP on

It’s not uncommon for individuals or small businesses to try to save money by filing copyright applications themselves. It’s also not uncommon for some of these registrations to include factual or legal errors, jeopardizing...more

Foley & Lardner LLP

SCOTUS Rules That Faulty Copyright Registrations Based on Mistakes of Law Do Not Invalidate Registrations or Prevent Enforcement...

Foley & Lardner LLP on

On Thursday, February 24, 2022, the U.S. Supreme Court weighed in on the long-running copyright infringement dispute between Los Angeles fabric designer, Unicolors Inc., and global fast fashion giant, H&M Hennes & Mauritz...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Holds That Good Faith Mistakes of Law and Fact Are Protected by Copyright Registration Safe Harbor

On February 24, 2022, the U.S. Supreme Court held in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P. that the safe harbor provision concerning inaccurate information in copyright registrations, as set forth at 17 U.S.C. §...more

McDermott Will & Schulte

Copyright Act's Safe Harbor Protects against Unknown Inaccuracies of Facts or Law

The Supreme Court of the United States held that lack of factual or legal knowledge can excuse an inaccuracy in a copyright registration under a safe harbor contained in the Copyright Act. As a result, an applicant’s...more

Jones Day

Honest Application Mistakes Do Not Invalidate Copyright Registration

Jones Day on

The Supreme Court holds that the Copyright Act's safe harbor provision preserves the validity of a copyright registration notwithstanding an inaccuracy in the underlying application based on a good-faith mistake—regardless of...more

Womble Bond Dickinson

What You Don’t Know Can’t Hurt You: SCOTUS Rules Inadvertent Legal Errors Cannot Overturn Copyright Infringement Decisions

Womble Bond Dickinson on

“No harm, no foul.” That was the message the U.S. Supreme Court delivered Feb. 24 in ruling that a copyright infringement verdict should not have been overturned because of inaccurate information in the copyright registration...more

Troutman Pepper Locke

Supreme Court Eases Burden on Copyright Holders for "Mistakes" Made in Copyright Filing

Troutman Pepper Locke on

On February 24, the U.S. Supreme Court issued a highly anticipated 6-3 decision in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., No. 20–915 (Feb. 24, 2022). The ruling stands to protect the legal advantages of a copyright...more

McNees Wallace & Nurick LLC

Supreme Court Excuses Inadvertent Mistakes in Copyright Registration

The U.S. Supreme Court recently ruled that certain types of inadvertent mistakes will not void a copyright registration. In an opinion published February 24, 2022, the Court held lack of either factual or legal knowledge can...more

Snell & Wilmer

Supreme Court: Mistakes of Law Can Excuse Inaccurate Copyright Registration

Snell & Wilmer on

The Supreme Court held that lack of knowledge of either fact or law can excuse inaccuracies in a copyright registration under Section 411(b)’s safe harbor provision of the Copyright Act....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

US Supreme Court Hems Challenges to Copyright Registrations

In a 6-3 decision, the US Supreme Court in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P. held that a copyright registration is valid even though it contains inaccurate information—as long as the copyright holder lacked...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Unicolors, Inc. v. H&M Hennes & Mauritz, L.P.

On February 24, 2022, the Supreme Court decided Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., No. 20-915, holding that an inadvertent mistake of law in a copyright registration applicant’s application does not render the...more

Faegre Drinker Biddle & Reath LLP

SCOTUS to Decide 17 U.S.C. § 411 Referral Questions

In 2016, Unicolors, Inc., sued H&M for selling clothing that infringed a Unicolor design. The group registration that Unicolors relied on included designs that had not been published as of the publication date set forth on...more

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