Re: Copyright claim after application but before issuance?

On 10/24/2005 12:00 PM Lalpdx1[_at_]aol.com wrote:

> 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.

This was discussed at some length a few months ago on this list. Recent cases have come down hard upon the filers who wish to file before they get their registrations.
Ashley Krause (
http://www.swlaw.com/attorneys/attorney_display.asp?aid=680 ), whom I know because she was a very good student in my advanced patent law course at DU law school some years ago, wrote a very good article about this. You could contact her and I bet she would give you a copy of her article. Received on Wed Oct 26 2005 - 00:25:55 GMT