Supreme Court Settles Long-Standing Circuit Split

On March 4, 2019, the Supreme Court settled a long-standing circuit split involving the timing of when a copyright infringement action may be filed. Some circuit courts took the position that a copyright infringement action could be filed only once a copyright registration had issued. Others held that an action could be filed once a copyright application was filed with the Copyright Office.

In Fourth Estate Public Benefit Corp. v., the Supreme Court decided that a copyright owner must have a copyright registration before it can bring a copyright infringement action.

The decision may be found here.

If you have any questions about copyright matters, please contact partner Leigh Ann Lindquist.