Re: Copyright claim after application but before issuance?

From: Terry Carroll <carroll[_at_]tjc.com>
Date: Tue, 25 Oct 2005 17:55:45 -0400


On Mon, 24 Oct 2005 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?

Last year, in Loree Rodkin Mgmt. Corp. v. Ross-Simmons, Inc, the C.D.Cal. found that actual registration, not mere application was a jurisdictional requirement. A copy of the opinion and order is at http://pub.bna.com/ptcj/04912.pdf . Received on Wed Oct 26 2005 - 01:55:45 GMT

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