News & Analysis as of

Solicitor General Petition for Writ of Certiorari Appeals

Jones Day

U.S. Supreme Court Invites Solicitor General to Submit Briefing on "Skinny Labels"

Jones Day on

On June 23, 2025, the Supreme Court invited the Solicitor General to submit a brief expressing the views of the United States—dramatically increasing the likelihood that the Court will eventually grant review—in Hikma...more

Patterson Belknap Webb & Tyler LLP

Solicitor General Recommends Denial of Cert. in Tribune Despite Perceived Errors

In January 2020 we reported that, after the reconsideration suggested by two Supreme Court justices and revisions to account for the Supreme Court’s Merit Management decision, the Court of Appeals for the Second Circuit stood...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

Latham & Watkins LLP

Supreme Court Blocks Copyright Infringement Claims Until Actual Registration Issues

Latham & Watkins LLP on

Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC has important implications for copyright owners who file infringement suits, including authors of literary, musical, and dramatic works. Key Points: ..The...more

Jones Day

Registration Required: Supreme Court Resolves Circuit Split Over Requirements for Copyright Action

Jones Day on

A unanimous U.S. Supreme Court rules that copyright owners must have a copyright registration before pursuing infringement claims in court. Resolving a circuit split and a question facing any copyright owner wishing to...more

Morrison & Foerster LLP

What Does The Recent Copyright Registration Ruling Mean For Your Business?

In Fourth Estate Public Benefit Corp. v. Wall-Street.com, the Supreme Court resolved a longstanding circuit split by unanimously holding a copyright owner of a United States work may not file an infringement lawsuit until...more

Miller & Martin PLLC

Supreme Court Clarifies Copyright Act’s Registration Requirement

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On March 4th, the Supreme Court held that a potential copyright plaintiff must wait until the Copyright Office “has registered a copyright after examining a properly filed application” before suing for copyright infringement....more

Katten Muchin Rosenman LLP

Supreme Court Confirms Registration is Prerequisite to Claim for Infringement

On March 4, the US Supreme Court resolved a circuit split and held that, with limited statutory exceptions, the issuance of a registration from the Copyright Office is a prerequisite to filing a claim for infringement. See...more

Bradley Arant Boult Cummings LLP

The U.S. Supreme Court Issues Two Recent Copyright Decisions - Intellectual Property News

On a busy Monday for copyright law that saw everything from the return of RBG to discursions about hot dogs at sporting events, the Supreme Court issued two unanimous opinions concerning requirements for filing copyright...more

McDermott Will & Schulte

Copyright Registration Is the Entry Ticket into Federal Court

On March 4, 2019, in a unanimous decision in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, the US Supreme Court resolved a longstanding circuit split on whether a copyright claimant must have registered with US...more

Proskauer - Minding Your Business

“License and [Copyright] Registration Please”: Key Takeaways from the Supreme Court’s Opinion Clarifying When a Copyright Claimant...

On Monday, March 4, the Supreme Court unanimously decided that a copyright claimant may only bring a suit for copyright infringement after the copyright has been registered by the Copyright Office, not while the registration...more

Proskauer - New Media & Technology

Registrations, not Applications: Supreme Court Says Copyright Owners Must Wait to Sue

This Monday, the Supreme Court unanimously ruled in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, 586 U.S. ____ (Mar. 4, 2019), that a copyright owner may commence an infringement suit only when the Copyright...more

Perkins Coie

More Reasons to Register Copyrights Early: Owners Must Register Before They Sue

Perkins Coie on

The U.S. Supreme Court’s decision in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, 586 U.S. __ (2019), issued March 4, 2019, resolves a longstanding circuit split regarding whether the Copyright Act of 1976...more

Lewitt Hackman

SCOTUS: No Copyright Registration, No Infringement Lawsuit

Lewitt Hackman on

The wheels of government turn slowly to the detriment of copyright owners, according to a unanimous opinion delivered by U.S. Supreme Court Justice Ruth Bader Ginsberg, in Fourth Estate Public Benefit Corporation v....more

Snell & Wilmer

Supreme Court Copyright Decision Indicates Greater Proactivity by Would-Be Infringement Plaintiffs

Snell & Wilmer on

Before today’s decision by the United States Supreme Court in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, there were two views on whether a copyright had to be registered, as opposed to an application for...more

Dorsey & Whitney LLP

BREAKING NEWS: The Supreme Court Rules that You Need a Copyright Registration to Sue for Copyright Infringement in Federal Court

Dorsey & Whitney LLP on

This morning, the Supreme Court resolved a longstanding circuit split about whether a copyright infringement plaintiff must first obtain a registration from the Copyright Office for the work upon which its claim is based...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Supreme Court Issues Two Unanimous Rulings Clarifying Meanings of ‘Registration’ and ‘Full Costs’ in Copyright Act

On March 4, 2019, the U.S. Supreme Court issued two unanimous decisions interpreting the Copyright Act. In Fourth Estate Public Benefit Corp. v. Wall-Street.com LLC, 586 U.S. ___, the Court resolved a circuit split over when...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC

On March 4, 2019, the Supreme Court of the United States decided Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, No. 17-571, holding that under section 411(a) of the Copyright Act, a party may sue for copyright...more

Ladas & Parry LLP

SCOTUS Holds A Copyright Must Be Registered Before The Owner Of The Copyright Can Sue For Infringement

Ladas & Parry LLP on

Yesterday, the Supreme Court held in Fourth Estate Public Benefit Corp. v. Wall-Sreet.com, LLC et al., that before a party can file suit for copyright infringement, the copyright must be registered with the U.S. Copyright...more

McDonnell Boehnen Hulbert & Berghoff LLP

U.S. Supreme Court Issues Rulings in Two Key Copyright Cases

Today, March 4, 2019, the U.S. Supreme Court issued unanimous opinions in two important copyright cases: Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, et al., No. 17-571, and Rimini Street, Inc., et al. v....more

Foley Hoag LLP

SCOTUS Holds Copyright Owners Must Wait For Registration Certificate Before Suing

Foley Hoag LLP on

On March 4, 2019, the United States Supreme Court held that, with certain exceptions, a copyright owner must obtain a copyright registration certificate from the Copyright Office before filing a copyright infringement suit....more

Morgan Lewis

Supreme Court to Consider Copyright Registration-Before-Suit Rift

Morgan Lewis on

The US Supreme Court will consider whether a copyright owner can commence an infringement lawsuit as of the date of application for registration, or as of the date when the US Copyright Office has approved or denied the...more

Carlton Fields

Supreme Court To Resolve Copyright Registration Circuit Split

Carlton Fields on

Last week, the U.S. Supreme Court agreed to hear a case that should resolve the longstanding question of whether a plaintiff may bring a copyright infringement claim only after it has received a registration for copyright in...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court to Clarify What Constitutes a ‘Registration’ Under the Copyright Act

On June 28, 2018, the U.S. Supreme Court granted petition for writ of certiorari in Fourth Estate Public Benefit Corporation v. Wall-Street.com, LLC, on appeal from the U.S. Court of Appeals for the Eleventh Circuit’s May 18,...more

Morgan Lewis

Update: Midland Funding v. Madden

Morgan Lewis on

In an amicus curiae brief, the US Solicitor General recommends that the petition for certiorari in Madden be denied, but agrees that the Second Circuit’s decision is incorrect and emphasizes the importance of banks being able...more

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