Re: timing of filing a lawsuit

On 02/22/1999, Carol Cricow <carol[_at_]yujean.com> wrote:
>
> A friend recently pointed out the following language in a
> June '98 court ruling:
>
> "This article states, referring to Ryan v. Carl Corp, 1998 U.S. Dist.
> >LEXIS 9012 (C.D. Cal. June 16, 1998): '...the issuance of a
> certificate--and not merely the filing of an application--is required
> to create federal subject matter jurisdiction in a copyright action.'"
>
> I had understood that to sue, one must have sent in/filed the
> registration, not that the certificate had to have already issued.
> Does this decision change that or am I missing something?
>

I believe the law requires you to have filed for a registration, and to have received a response (either a registration or a rejection). See 17 usc 411(a). But there are courts that have changed the rule, notwithstanding the statute.

Mark Lemley
<mlemley[_at_]mail.law.utexas.edu> Received on Tue Feb 23 1999 - 15:42:25 GMT