On January 8, 2019, the United States Supreme Court is expected to hear arguments in Fourth Estate Public Benefit Corp v Wall-Street.com, a case involving the unsettled question of whether a copyright registration has been made when the copyright owner submits an application to the Copyright Office (the application approach), or once the Copyright Office acts on that application (the registration approach).
If the Court decides that copyright owners must await action on their application before filing an infringement suit, it could prove much more expensive for creators.
Robert deBrauwere, a partner in Pryor Cashman's Intellectual Property Group, spoke to numerous media outlets about the case.
World Intellectual Property Review
deBrauwere told World IP Review he is inclined to believe the Court will rule in favor of the application approach, saying it would have a favorable and "very significant impact" on copyright owners' ability to secure injunctive relief.
Click here to read the full WIPR article.
Intellectual Property Magazine & Law.com
Speaking to Intellectual Property Magazine and Law.com, deBrauwere explained that the practical impact of the issue before the court is "not as dry as it may sound" to the uninitiated who do not litigate copyright actions. "Because it can take months or even years before the register acts on an application, SCOTUS' decision will have a very significant impact on the ability to secure, and the efficacy of, injunctive relief, as well as the possible scope of damages available to copyright litigants, and even whether a remedy may be available at all."
More About deBrauwere's Practice
Robert deBrauwere is a partner in Pryor Cashman's Digital Media, Intellectual Property and Litigation Groups. He helps cutting-edge technology companies, entertainers, content platforms and media agencies navigate the legal complexities of the Digital Millennium Copyright Act (DMCA), online and social media marketing, the scope of fair use in copyright law, and digital privacy, among many other areas.
Learn more about his work here.
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