Photo: by stoatphoto/Shutterstock Copyright Registrations: The Importance of Being Accurate (Earnest May Not Be Enough)
This case highlights that while the U.S. copyright registration process seems facially inexpensive and easy to navigate, the reality is full of pitfalls for the unwary.
September 28, 2021 at 01:12 PM
11 minute read
Fall is in the air, and that means the October 2021 opening session of the U.S. Supreme Court is right around the corner. Once again, the court has an intellectual property case on its docket— specifically, a copyright matter. Unicolors v. H&M Hennes & Mauritz (Supreme Court Docket #20-915) poses a procedural question of whether a district court must refer a copyright registration to the Copyright Office for a determination of validity under 17 U.S.C. Section 411, absent a finding of fraud or a material error in the registration. This case highlights that while the U.S. copyright registration process seems facially inexpensive and easy to navigate, the reality is full of pitfalls for the unwary.
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