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Getty Images Letter Forum / Re: Judge Rakoff
« on: September 17, 2016, 08:08:47 PM »
CORBIS v UGO NETWORKS
Rakoff throws out Corbis suit for images that they filed at the Copyright Office, but registration is only pending.
(this is another one I thought it'll be the other way around Registration is tricky.)
Reading carefully, the text says you can sue if the Office approved application, or refused it. It doesn't say when it's pending.
Rakoff throws out Corbis suit for images that they filed at the Copyright Office, but registration is only pending.
(this is another one I thought it'll be the other way around Registration is tricky.)
Quote
[N]o action for infringement of the copyright in any United States work shall be instituted until registration of the copyright claim has been made in accordance with this title. In any case, however, where the deposit, application, and fee required for registration have been delivered to the Copyright Office in proper form and registration has been refused, the applicant is entitled to institute an action for infringement if notice thereof, with a copy of the complaint, is served on the Register of Copyrights.
Reading carefully, the text says you can sue if the Office approved application, or refused it. It doesn't say when it's pending.
Quote
The combination of sections 410 and 411 thus make plain that the federal district courts do not have jurisdiction over a claim for federal copyright infringement until the Copyright Office has either approved or refused the pending application for registration.