10 Cited authorities

Reed Elsevier v. Muchnick
559 U.S. 154 (2010) Cited 1,134 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"
Cosmetic Ideas, Inc. v. IAC/InteractiveCorp
606 F.3d 612 (9th Cir. 2010) Cited 122 times 16 Legal Analyses
Holding that registration "has been made" under § 411 when the copyright claimant's "complete application" for registration is received by the Copyright Office
Well-Made Toy Mfg. v. Goffa Intern. Corp.
354 F.3d 112 (2d Cir. 2003) Cited 55 times
Holding that district court was barred from considering copyright infringement claim where the copyright was not registered
Well-Made Toy Mfg. Corp. v. Goffa Intern. Corp.
210 F. Supp. 2d 147 (E.D.N.Y. 2002) Cited 39 times
Concluding that a forty-eight-inch tall version of a copyrighted twenty-inch tall doll was a derivative work because the changes made to the twenty-inch doll to create the forty-eight inch version "were not trivial" and were the "product of artistic rather than mechanic skill"
Salerno v. City University of New York
191 F. Supp. 2d 352 (S.D.N.Y. 2001) Cited 17 times
Dismissing copyright claims against arms of the state because they are immune from such suits
Corbis Corp. v. UGO Networks, Inc.
322 F. Supp. 2d 520 (S.D.N.Y. 2004) Cited 12 times
Holding that a work is not registered within the meaning of § 411 unless and until "the Copyright Office has either approved or refused the pending application for registration" and collecting cases
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 156,479 times 194 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 501 - Infringement of copyright
17 U.S.C. § 501 Cited 3,170 times 27 Legal Analyses
Granting a cause of action to "[t]he legal or beneficial owner of an exclusive right under a copyright"
Section 410 - Registration of claim and issuance of certificate
17 U.S.C. § 410 Cited 1,498 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 1,481 times 132 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.

Vocal Technologies, Ltd. v. Compandent, Inc.

10 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 registration "has been made" under § 411 when the copyright claimant's "complete application" for registration is received by the Copyright Office

Holding that district court was barred from considering copyright infringement claim where the copyright was not registered

Concluding that a forty-eight-inch tall version of a copyrighted twenty-inch tall doll was a derivative work because the changes made to the twenty-inch doll to create the forty-eight inch version "were not trivial" and were the "product of artistic rather than mechanic skill"

Dismissing copyright claims against arms of the state because they are immune from such suits

Holding that a work is not registered within the meaning of § 411 unless and until "the Copyright Office has either approved or refused the pending application for registration" and collecting cases

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Granting a cause of action to "[t]he legal or beneficial owner of an exclusive right under a 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.