The Supreme Court Determines Copyright Claimants Must Register Their Works Before Suing

March 11, 2019

The Supreme Court last week resolved a long- standing circuit split over when copyright claimants can bring suit.

For years courts have struggled with the Copyright Act’s requirement that claimants can sue for infringement only after “registering” their works. Some courts held that filing an application was enough to satisfy the registration requirement, while others held that the U.S. Copyright Office must actually have issued the registration.