12 Cited authorities

Reed Elsevier v. Muchnick
559 U.S. 154 (2010) Cited 1,136 times 15 Legal Analyses
Holding that the Copyright Act's requirement that copyright holders register their works before suing for infringement "is a precondition to filing a claim that does not restrict a federal court's subject-matter jurisdiction"
Gaiman v. McFarlane
360 F.3d 644 (7th Cir. 2004) Cited 181 times 5 Legal Analyses
Holding that copyright notice did not repudiate claimants’ interest in the work because the "copyright notice [was] not adverse to the [claimants’] copyrights and so [did] not put them on notice that their rights [were] being challenged"
DeliverMed Holdings, LLC v. Schaltenbrand
734 F.3d 616 (7th Cir. 2013) Cited 79 times
Finding it error to invalidate a copyright registration without consulting the Copyright Office, even though neither party had raised the possibility of a referral
La Resolana Architects, PA v. Clay Realtors Angel Fire
416 F.3d 1195 (10th Cir. 2005) Cited 93 times 11 Legal Analyses
Holding that "registration, or its refusal, requires more than the simple receipt of materials submitted by an author, and does not occur until the Register of Copyrights takes action"
Chicago Bd. of Educ. v. Substance, Inc.
354 F.3d 624 (7th Cir. 2003) Cited 95 times 3 Legal Analyses
Denying fair use defense for a newspaper that published in their entirety six “secure” tests—tests that are generally kept secret—to demonstrate their shortcomings
Wis. Interscholastic Athletic Ass'n v. Gannett Co. Inc.
658 F.3d 614 (7th Cir. 2011) Cited 26 times
In Wisconsin Interscholastic Athletic Association v. Gannett Co., Inc., 658 F.3d 614, 615 (7th Cir.2011), a high school athletic association sought declaratory judgment that it had a right to grant an exclusive license to a regional television network to broadcast certain sporting events that it helped organize.
Neri v. Monroe
726 F.3d 989 (7th Cir. 2013) Cited 10 times 1 Legal Analyses
In Neri, 726 F.3d at 990, the court stated that "copyright is permissible only after it has been registered," but this does answer the question of what it means to "register" the copyright.
Poblocki Paving Corp. v. Johnson & Sons Paving, LLC
Case No. 15-CV-1515-JPS (E.D. Wis. Apr. 27, 2016) Cited 1 times
Case No. 15-CV-1515-JPS 04-27-2016 POBLOCKI PAVING CORPORATION, Plaintiff, v. JOHNSON & SONS PAVING, LLC and JASON B. JOHNSON, Defendant. J.P. Stadtmueller U.S. District Judge ORDER 1. INTRODUCTION On March 8, 2016, the defendants Johnson & Sons Paving, LLC and Jason B. Johnson (collectively, "Johnson") jointly moved to dismiss the entirety of the plaintiff Poblocki Paving Corporation's ("Poblocki") amended complaint. (Motion, Docket #19; Amended Complaint, Docket #13). Johnson filed a brief in support
Furstperson, Inc. v. Iscopia Software, Inc.
No. 09 C 1814 (N.D. Ill. Sep. 10, 2009) Cited 1 times
No. 09 C 1814. September 10, 2009 MEMORANDUM OPINION SAMUEL DER-YEGHIAYAN, District Judge This matter is before the court on Plaintiff/Counter-Defendant FurstPerson, Inc.'s (FurstPerson) motion to dismiss Counts III and V of Defendant/Counter-Plaintiff Iscopia Software, Inc.'s (Iscopia) counterclaim. For the reasons stated below, we grant the motion to dismiss in its entirety. BACKGROUND In 2002 FurstPerson entered into an agreement (Agreement) with Sand-Ho Software, Inc. (Sand-Ho) under which FurstPerson
Section 410 - Registration of claim and issuance of certificate
17 U.S.C. § 410 Cited 1,500 times 12 Legal Analyses
Finding that production of a certificate of copyright registration gave rise to a rebuttable presumption that copyright was valid
Section 411 - Registration and civil infringement actions
17 U.S.C. § 411 Cited 1,487 times 133 Legal Analyses
In § 411(a)'s first sentence, "registration" would mean the claimant's act of filing an application, while in the section's second sentence, "registration" would entail the Register's review of an application.
Section 408 - Copyright registration in general
17 U.S.C. § 408 Cited 364 times 9 Legal Analyses
Authorizing the Register of Copyrights to regulate registration classifications, including permitting "a single registration for a group of related works"

Robbins, Joe v. Svehla, Scott et al

12 Cited authorities

Holding that the Copyright Act's requirement that copyright holders register their works before suing for infringement "is a precondition to filing a claim that does not restrict a federal court's subject-matter jurisdiction"

Holding that copyright notice did not repudiate claimants’ interest in the work because the "copyright notice [was] not adverse to the [claimants’] copyrights and so [did] not put them on notice that their rights [were] being challenged"

Finding it error to invalidate a copyright registration without consulting the Copyright Office, even though neither party had raised the possibility of a referral

Holding that "registration, or its refusal, requires more than the simple receipt of materials submitted by an author, and does not occur until the Register of Copyrights takes action"

Denying fair use defense for a newspaper that published in their entirety six “secure” tests—tests that are generally kept secret—to demonstrate their shortcomings

In Neri, 726 F.3d at 990, the court stated that "copyright is permissible only after it has been registered," but this does answer the question of what it means to "register" the copyright.

Finding that production of a certificate of copyright registration gave rise to a rebuttable presumption that copyright was valid

In § 411(a)'s first sentence, "registration" would mean the claimant's act of filing an application, while in the section's second sentence, "registration" would entail the Register's review of an application.

Authorizing the Register of Copyrights to regulate registration classifications, including permitting "a single registration for a group of related works"