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Copyright Registration Supreme Court of the United States Copyright Infringement

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

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

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

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

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

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

Harris Beach Murtha PLLC

Supreme Court Will Hear Copyright Case: How its Decision May Impact the Validity of Future Copyright Registrations

A copyright claimant may commence an infringement suit when the Copyright Office registers a copyright. See Fourth Est. Pub. Benefit Corp. v. Wall-Street.com, LLC, 139 S. Ct. 881, 885, 203 L. Ed. 2d 147 (2019); 17 U.S.C. §...more

ArentFox Schiff

Supreme Court Case to Watch: When and How Copyright Registrations Can Be Invalidated for Inaccuracies

ArentFox Schiff on

Last week the Supreme Court agreed to hear the case Unicolors, Inc. v. H & M Hennes & Mauritz, LP, which considers when inaccuracies in a US copyright application can be used to invalidate a resulting registration. The case...more

BakerHostetler

A Pattern of Deceit? SCOTUS to Consider Whether Section 411(b) of the Copyright Act Imposes a Mental State Requirement Akin to...

BakerHostetler on

On June 1, 2021, the Supreme Court granted certiorari on the question of whether Section 411(b) of the Copyright Act is intended to be a “fraud” statute that requires scienter for cancellation of a copyright registration. See...more

Buchalter

The Supreme Court Agrees to Decide Whether Immaterial Registration Errors Can Serve as the Basis for Invalidating Copyright...

Buchalter on

On June 1, 2021, the U.S. Supreme Court granted certiorari in a case that will likely determine once and for all whether courts are empowered to void copyright registrations based on immaterial registration errors, or whether...more

McDermott Will & Schulte

Supreme Court to Consider Fraudulent Intent in Copyright Registration

The Supreme Court of the United States agreed to consider whether a copyright registration accurately reflecting a work can nevertheless be invalidated without fraudulent intent. Unicolors Inc. v. H&M Hennes & Mauritz LP,...more

Fenwick & West LLP

The Ongoing Importance of Copyright Registration

Fenwick & West LLP on

One year ago, the U.S. Supreme Court held in Fourth Estate Public Benefit Corp. v. Wall-Street.com that an approved or rejected application for registration is a nationwide prerequisite for initiating a copyright infringement...more

Seyfarth Shaw LLP

COVID-19 Extensions to Protect Copyright Owners: Maximizing Economic Remedies in a Period of Uncertainty

Seyfarth Shaw LLP on

The US Copyright Office has exercised its authority under the CARES Act in an attempt to blunt the adverse effects of the COVID-19 pandemic on visual artists, musicians, and other content creators—along with the companies...more

International Lawyers Network

Supreme Court Settles Circuit Split on When a Plaintiff May Sue

The Supreme Court handed down a unanimous copyright decision in March 2019 with implications for anyone involved in a copyright dispute, as well as for marketers and brands that create and use copyrighted materials. In Fourth...more

Sunstein LLP

May 2019 IP Update: IP Considerations For Distinctive Moves and Other Content in Video Games

Sunstein LLP on

Several entertainers, including Brooklyn rapper 2 Milly, Alfonso Ribeiro, and Instagram’s “Backpack Kid” and “Orange Shirt Kid”, sued Epic Games, Inc., the owner of the popular game Fortnite. What do all of these individuals...more

Carlton Fields

Supreme Court Resolves Circuit Court Split: Copyright Registration Is a Prerequisite to a Copyright Infringement Suit

Carlton Fields on

The Supreme Court has spoken, and it’s official: Copyright infringement claims can only be brought after the copyright in question has been registered in the U.S. Copyright Office....more

Katten Muchin Rosenman LLP

The Katten Kattwalk | Issue 19

The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. ...more

Fenwick & West LLP

Copyright Registration After Fourth Estate

Fenwick & West LLP on

In Fourth Estate Public Benefit Corporation v. Wall-Street.com, a unanimous U.S. Supreme Court held in March of this year that a copyright claimant can only commence an infringement suit, unless a limited exception applies,...more

Dickinson Wright

One Slip Up Can Cost You the Case: The Impact of the Supreme Court's Decision on Copyright Infringement Actions

Dickinson Wright on

There are any number of reasons a lawsuit could be dismissed. However, if you are a copyright owner, the last thing you want is to have your case dismissed because of a problem with your registration....more

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