Supreme Court Holds That Copyright Claimant Cannot Commence Litigation Until After Copyright Office Registers The Copyright
On Monday, March 4, 2019, the United States Supreme Court issued an opinion affirming a dismissal of the plaintiff’s copyright claim. Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, 586 U.S. ____ (2019). The Supreme Court held that a copyright plaintiff may not commence a lawsuit until after the Register of Copyrights officially registers the copyright.
Ninth Circuit Holds Copyright In Drawing Of Dolphins Not Infringed, Even If Drawing Copied
On February 2, 2018, the United States Court of Appeals for the Ninth Circuit affirmed a district court’s ruling that even if a gallery owner had copied an artist’s drawing of two dolphins, the copied elements were unprotectable “ideas that nature has already expressed for all.” Folkens v. Wyland Worldwide, No. 16-15882 (9th Cir. Feb. 2, 2018).
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