Partner Jonathan Moskin was quoted in an article in the IP Journal, “Copyright registration debate filled with `practical’ concerns, attorneys say,” about oral arguments in a pending U.S. Supreme Court case over whether the U.S. Copyright Office must issue a registration certificate before a copyright suit can be filed.
Moskin predicted that the court will hold that registration must be finalized before a suit. “The justices repeatedly pressed both sides to see if some practical solution can be reached such that copyright owners can enforce their rights (which do not inherently require registration) without first obtaining a registration,” he said. “However, most of the questions suggested the justices were not satisfied that the literal language of the Copyright Act could accommodate such a common-sense conclusion.”
Moskin predicted that the court will hold that registration must be finalized before a suit. “The justices repeatedly pressed both sides to see if some practical solution can be reached such that copyright owners can enforce their rights (which do not inherently require registration) without first obtaining a registration,” he said. “However, most of the questions suggested the justices were not satisfied that the literal language of the Copyright Act could accommodate such a common-sense conclusion.”
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