MENU Close
Close
  • Home
  • Services
  • Attorneys
  • Resources
  • News & Events
  • About Us
  • Contact Us
  • Join our Team
Search
Back
    Quick Links:
    Join Webinar
    Read News
    Our Location
    A
    Alternative Dispute ResolutionAntitrust & Trade RegulationAppellate Practice
    B
    Banking & Financial ServicesBankruptcy, Creditors’ Rights, and Financial RestructuringBeer LawBusiness Law
    C
    Cannabis LawConstruction LawCriminal Defense
    E
    Economic Development LawElder Care & Special Needs LawElectronic Discovery ("E-Discovery")Environmental LawEstate Planning and Administration & Wealth PreservationExecutive Compensation, Employment, ERISA, and Employee Benefits
    F
    Food, Beverage & HospitalityFranchise Law
    H
    Health Care & Life SciencesHealth Care ProvidersHigher EducationHospitals and Health Networks
    I
    ImmigrationInsurance CoverageIntellectual PropertyIntellectual Property Litigation, Arbitration, and Dispute ResolutionIntellectual Property Portfolio Strategy, Management & LicensingInternational BusinessInternet Law
    L
    Labor & EmploymentLiquor Law, Licensing, Manufacturing, and DistributionLitigation
    M
    Media LawMergers & AcquisitionsMunicipal Law
    N
    Non-Profit Law
    P
    Patent Preparation and ProsecutionPharmaceutical / Medical Devices / Pharma ServicesProducts and Consumer Liability DefenseProfessional LiabilityPublic Utilities
    R
    Real Estate, Finance, and Land Use
    S
    SecuritiesSolar Energy
    T
    TaxationTelecommunicationsTrademark & Copyright Protection & Enforcement
    V
    Venture Tech & Emerging Growth Companies
    W
    White Collar Investigations & DefenseWorkers’ Compensation
    • New Jersey
    • New York
    • Pennsylvania
    • Blogs
    • Articles
    • Podcasts
    • COVID-19 Resources
    • News
    • Events
    • Webinars
    • About Us
    • Delivering Value
    • Diversity & Inclusion
    • Meritas

    New Jersey

    400 Crossing Boulevard
    8th Floor
    Bridgewater, NJ 08807
    Phone:(908) 722-0700
    Fax:(908) 722-0755

    28 Valley Road
    Suite 1
    Montclair, NJ 07042

    New York

    7 Times Square
    21st Floor
    New York City, NY 10036
    Phone:(212) 808-0700
    Fax:(212) 808-0844

    Pennsylvania

    515 West Hamilton Street
    Suite 502
    Allentown, PA 18101
    Phone:(610) 391-1800
    Fax:(610) 391-1805

    • What sets us apart
    • Attorneys
    • Other Professionals
    • Professional Development
    • Non-Discrimination Policy

    Categories

    Copyright Copyright Infringement Copyright Licensing Copyright Office Court Decisions Double Patenting>Same Invention Double Patenting>Terminal Disclaimers Drafting Patents Drafting Patents>Claims Drafting Patents>Claims>Written Description False Advertising Federal Circuit Food & Beverage General In The News Intellectual Property Labeling Lanham Act Legislation Licensing Navigating the Patent Office Navigating the Patent Office>Examiner Interviews Obviousness/Inventive Step>Prima Facie Obviousness Patent Patent Eligibility Privacy Right of Publicity Social Media Supreme Court Trade Dress Trademark Infringement Trademark Infringement|Trademark Registration|Trademarks Trademark Infringement|Trademarks Trademark Office Trademark Registration Trademark Registration|Trademarks Trademarks TTAB Uncategorized Unfair Competition
    Blogs > More Than Your Mark® > The Importance of Copyright Registration
    Member
    Jeanne Hamburg
    Visit Profile

    The Importance of Copyright Registration

    The Importance of Copyright Registration

    For a long time, courts were divided over the importance of securing copyright registration prior to bringing an action claiming that a party infringed (that is, trespassed upon) the owner’s copyright in a creative work (film, tv program, literary work, art, etc.). 

    The Supreme Court resolved the question definitively in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, 598 U.S. ___, 139 S. Ct. 881(2019), holding registration (or its denial) by the Copyright Office is required. Moreover, unless an application for registration is filed within three months of publication of the work, the copyright owner will be stripped of the ability to obtain its attorneys’ fees if it prevails, and “statutory” (pre-calculated) damages of up to $150,000 per infringement, regardless of its ability to prove lost profits or the infringer’s profits from the infringement.

    But even though the law is now clear, a recent district court decision underscores the importance of correctly securing copyright registration. In Wolf Designs v. Five 18 Designs, 2022 WL 10551564 (D. Ariz. October 18, 2022), a federal court held there were fact issues as to the validity of a group copyright registration (registration for a group of works, in this case, “vehicle wraps, large vinyl graphics or decals applied to car bodies”). The application for that group registration allegedly wrongly stated that the works were “unpublished,” meaning that they had not been offered for sale to third parties. This simple mistake could result in the plaintiff’s forfeiture of attorneys’ fees and statutory damages. Moreover, the other copyright registrations in issue were not published within three months of publication, meaning the sole chance of recovery of attorneys’ fees and statutory damages is on the registration with an alleged mistake in the application.

    For these reasons, we strongly encourage owners of valuable copyrightable works to seek experienced copyright counsel when completing copyright applications. Likewise, if a company or individual is on the receiving end of an infringement claim, it is wise to secure counsel with the ability to recognize and exploit flaws in registrations such as those in Wolf Designs.

     If you have any questions about copyright registration or enforcement, please feel free to contact me at jhamburg@norris-law.com

    Member
    Jeanne Hamburg
    Visit Profile

    Related Posts

    Internet Archive’s Unauthorized Lending of Copyrighted eBooks is Not Fair Use Artificial Intelligence Cannot Serve as an Inventor of a Patentable Invention Netflix Sues Bridgerton Musical Creators for Copyright and Trademark Infringement

    Share

    Tags

    #intellectual property

    Similar Posts

    April 7, 2023
    Internet Archive’s Unauthorized Lending of Copyrighted eBooks is Not Fair Use
    Internet Archive’s Unauthorized Lending of Copyrighted eBooks is Not Fair Use
    September 2, 2022
    Artificial Intelligence Cannot Serve as an Inventor of a Patentable Invention
    Artificial Intelligence Cannot Serve as an Inventor of a Patentable Invention
    August 26, 2022
    Netflix Sues Bridgerton Musical Creators for Copyright and Trademark Infringement
    Netflix Sues Bridgerton Musical Creators for Copyright and Trademark Infringement

    Helpful links

    • About Us
    • News
    • Services
    • Blogs
    • Attorneys
    • Articles
    • (COVID-19)
    • Events
    • Join our Team
    Connect

    Connect with Us

    • LinkedIn
    • Facebook
    • Twitter
    • Instagram
    • Youtube

    Join our growing team

    We are looking for quality attorneys to help us do more for our clients. At Norris McLaughlin, each attorney has the same opportunity to succeed whether you’re at the beginning of a career or pinnacle of the profession.

    Learn More

    Subscribe to our content

    Receive timely legal information delivered to your inbox

    This field is for validation purposes and should be left unchanged.
    © , Norris McLaughlin, P.A., All Rights Reserved. Attorney Advertising.
    VIEW OUR DISCLAIMER,  TERMS OF USE,  AND PRIVACY POLICY

    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume you consent to our cookie policy. Learn more