Re: comment on copyright case?

On Wed, 03 May 2000, Clifford Potter <rcp[_at_]quarles.com> wrote:
>
> On 5/2/2000, Edward Barrow <edward[_at_]plato32.demon.co.uk> wrote:
> >
> > On Tue, Apr 25, 2000, Calle Ostergaard <info[_at_]troll-company.dk> wrote:
> > >
> > > Just for the record and because this list is followed by people
> > > in many countries IT IS NOT NECESSARY TO REGISTER COPYRIGHT IN
> > > FOREIGN WORKS BEFORE YOU START TO SUE FOR COPYRIGHT INFRINGEMENT
> > > IN USA.
> >
> > No; but you will still not get statutory damages or attorney's fees.
> > Since the latter are likely to be substantial it is not worth suing
> > unless the actual damages you may be able to recover are even more
> > substantial. To get effective copyright protection in the US --
> > against small as well as large-scale infringements, foreign
> > rightsholders still have to register.
>
> The key word is "start". I believe you must include a registration
> form, at least, showing that the filing process has been commenced,
> if you are filing in federal court under the Copyright Laws of the
> US. I am certain all lawyers on this listserve, and many others,
> know this jurisdictional requirement!

I seem to remember from some research done a while back, that there is a split among the circuits on the issue of whether a registration needs to have actually issued (or been denied) before litigation can commence, or whether it is merely sufficient to show that the filing requirements had been met (i.e., application, deposit, and filing fee). I believe that in the 9th circuit the certificate of registration must have issued prior to the time the court is called upon to consider the matter; merely submitting the application is not sufficient, while in the 4th circuit it is.

--Barbara Friedman
  <bfriedman[_at_]mdbe.com> Received on Thu May 04 2000 - 16:49:50 GMT