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17 U.S.C. § 408

Section 408 - Copyright registration in general
Section 408 - Copyright registration in general

9 Analyses of this statute by attorneys

  1. Supreme Court’s Strict Construction of Copyright Act Pre-Suit Requirements Likely to Up the Ante on “Preregistration”

    Davis Wright Tremaine LLPMarch 6, 2019

    For both, the statute permits a copyright owner to obtain a preregistration, after which the owner may file a lawsuit for infringement. See 17 U.S.C. §§ 408(f), 411(c). These provisions, the Court reasoned, “would have little utility if a completed application constituted registration.”

  2. Supreme Court’s Strict Construction of Copyright Act Pre-Suit Requirements Likely to Up the Ante on “Preregistration”

    Davis Wright Tremaine LLPAmbika Kumar DoranMarch 5, 2019

    For both, the statute permits a copyright owner to obtain a preregistration, after which the owner may file a lawsuit for infringement. See 17 U.S.C. §§ 408(f), 411(c). These provisions, the Court reasoned, “would have little utility if a completed application constituted registration.”

  3. The Overlap Of Intellectual Properties In Product Design

    Brooks Kushman P.C.Michael TurnerOctober 12, 2021

    15 USC 1058, 1059. 17 USC 102. 17 USC 101, definition of “pictorial, graphic, and sculptural works.”Star Athletica, LLC v Varsity Brands, Inc., 137 S. Ct. 1002, 1007; 580 US ___; 197 L Ed 2d 354 (2017). 17 USC 302(a) and (c). 35 USC 102(b)(1). 17 USC 408. 37 CFR 1.152 and 37 CFR 1.153. 35 USC 132. 35 USC 171, 35 USC 102, and 35 USC 103. § 1504.01 “Statutory Subject Matter for Designs” in Manual of Patent Examining Procedure, US Patent and Trademark Office (June 2020), citing In re Schnell, 46 F 2d 203; 8 USPQ 19 (January 12, 1931), and Ex parte Janaia Donaldson, 26 USPQ2d 1250 (BPAI, April 2, 1992), available at [https://perma.cc/FUD2-Y6K5] (site accessed July 28, 2021).In re Albert A. Carletti, 328 F.2d 1020, 140 USPQ 653, 654 (CCPA 1964); and L. A. Gear Inc. v. Thom McAn Shoe Co., 988 F.2d 1117, 1123, 25 USPQ2d 1913, 1917 (Fed. Cir. 1993).

  4. SCOTUS's Special Exception for Copyright Protection

    Goulston & Storrs PCAndrew O'ConnorMarch 13, 2019

    The Copyright Act provides for a “preregistration” mechanism applicable to owners of a work that is “being prepared for commercial distribution and has not been published” and “has had a history of infringement prior to authorized commercial distribution.” 17 U.S.C. § 408(f). Among the categories of works entitled to preregistration are “computer programs (including videogames).”

  5. Supreme Court Holds that a Copyright Claimant May Commence an Infringement Suit Only After the Copyright Office Registers the Copyright

    Sheppard, Mullin, Richter & Hampton LLPBradley GravelineMarch 13, 2019

    If a copyright owner is preparing to distribute a work of a type vulnerable to predistribution infringement – notably, a movie or musical composition – the owner may apply for preregistration.” (Slip. Op. at p. 3 (citing 17 U.S.C. §408(f)(2)). Once an application for preregistration has been made, the copyright claimant may sue for infringement.

  6. Supreme Court Holds that a Copyright Claimant May Commence an Infringement Suit Only AFTER the Copyright Office Registers the Copyright

    Sheppard Mullin Richter & Hampton LLPMarch 8, 2019

    Op. at p. 3 (citing 17 U.S.C. §408(f)(2)). Once an application for preregistration has been made, the copyright claimant may sue for infringement.

  7. Supreme Court Holds that a Copyright Claimant May Commence an Infringement Suit Only AFTER the Copyright Office Registers the Copyright

    Sheppard, Mullin, Richter & Hampton LLPBradley GravelineMarch 7, 2019

    If a copyright owner is preparing to distribute a work of a type vulnerable to predistribution infringement – notably, a movie or musical composition – the owner may apply for preregistration.” (Slip. Op. at p. 3 (citing 17 U.S.C. §408(f)(2)). Once an application for preregistration has been made, the copyright claimant may sue for infringement.

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

    Snell & WilmerMarch 6, 2019

    (Emphasis added.) The “effective date of the registration” is defined by 17 U.S.C. § 408 as “the day on which an application, deposit, and fee . . . acceptable for registration, have all been received in the Copyright Office.”Fourth Estate thus raises the question of whether, for statutory damages and attorneys’ fees purposes, “such registration” means “registration” or instead means “application, deposit, and fee.”

  9. The 411 on Section 411(a) of the Copyright Act: Supreme Court Holds That Copyright Owners Cannot File Infringement Lawsuits Until After Receiving Official Grant of Registration

    Bracewell LLPMarch 6, 2019

    at 13426 17 U.S.C. §102(a); see also 17 U.S.C. §106; Eldred v. Ashcroft, 537 U. S. 186, 194 (2003) (“[F]ederalcopyright protection . . . run[s] from the work’s creation.”)7 17 U.S.C. §408(f)8Id.9Fourth Estate Pub. Benefit Corp. v. Wall-Street.