RE: Copyright claim after application but before issuance?

On 10/24/05 Lalpdx1 wrote:  

>>>>It might be permissible to file an infringement claim after filing
an application but before issuance of a registration.<<<<    

For guidance you may wish to read La Resolana Architects, PA, v. Clay Realtors Angel Fire, 416 F.3d 1195 (10th Cir. 2005) and cases cited therein.  

Eric

Eric J. von Vorys
Shulman, Rogers, Gandal, Pordy & Ecker, P.A. 11921 Rockville Pike
Third Floor
Rockville, Maryland 20852
Direct: (301) 230-5242
Facsimile: (301) 230-2891
evonvorys[_at_]srgpe.com

From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Lalpdx1[_at_]aol.com Sent: Monday, October 24, 2005 2:00 PM
To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] Copyright claim after application but before issuance?

I have always understood that registration was an absolute prerequisite for copyright infringement claims by US authors in US courts. A colleague has suggested that there is a trend away from this requirement, and that it might be permissible to file an infringement claim after filing an application but before issuance of a registration. Does anyone agree or know of any authority supporting this? Many thanks. Received on Wed Oct 26 2005 - 00:25:55 GMT