Sometimes Registration is Just a Registration and an Application is Just an Application: The District Court of Minnesota in Asche & Spencer Music, Inc. v. Principato-Young Entertainment, Inc. Correctly Held That a Copyright is Only Registered or Denied When the Copyright Office Registers or Denies the Claim
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Authors
Wurstner, Matthew
Issue Date
2018-04
Volume
51
Issue
2
Type
Journal Article
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Abstract
INTRODUCTION|Under § 411(a) of the 1976 Copyright Act ("Act"), no civil action for copyright infringement may be brought until registration of the copyright has been made or refused by the Copyright Office. The Act grants to an author a copyright in the work of authorship at the moment of its creation. Congress sought, however, to provide a robust catalog of copyrighted works, and thus provided an incentive to register copyright claims. One who registers his or her copyright may sue for infringement, receive statutory damages, and receive attorney's fees from the infringer. Further, possession of a certificate of registration is prima facie evidence of a valid copyright, an essential element of an infringement action. Registration of a copyright remains a voluntary choice by the owner....
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Publisher
Creighton University School of Law