Copyright claim after application but before issuance?

From: Klein, Bonnie <BKlein[_at_]DTIC.MIL>
Date: Tue, 25 Oct 2005 16:25:55 -0400

Family Entertainment and Copyright Act (P.L. 109-9) signed April 27, 2005 TITLE I--ARTISTS Rights and Theft Prevention Act of 2005. http://www.copyright.gov/legislation/pl109-9.html

-----Original Message-----

From: Copyright News [mailto:copynews[_at_]loc.gov] Sent: Friday, October 21, 2005 3:39 PM
To: USCOPYRIGHT[_at_]sun8.LOC.GOV
Subject: U.S. Copyright Office, NewsNet Issue 278

-------------Federal Register--------------
The Copyright Office has issued interim regulations governing preregistration of works being prepared for commercial distribution. Preregistration will be available, by means of applications made online on the Copyright Office website, www.copyright.gov, commencing November 15. The Register of Copyrights has determined that preregistration will be available for the following classes of works: motion pictures, sound recordings, musical compositions, literary works being prepared for publication in book form,computer programs (including videogames), and advertising or marketing photographs. To be eligible for preregistration, a work must be in one of these classes and applicant must certify that the work is being prepared for commercial distribution and that he or she has a reasonable expectation that the work will be commercially distributed to the public. For more information, go to
www.copyright.gov/prereg/rulemaking.html.

---

---

From: Lalpdx1[_at_]aol.com [mailto: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