This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Perspective

May 29, 2010

Ninth Circuit Widens Split on Copyright Registration Issue

The 9th Circuit has finally ruled on what is needed to file suit for copyright infringement, say Mark Lee and Benjamin Shat of Manatt, Phelps & Phillips.

By Mark S. Lee and Benjamin G. Shatz

The 9th U.S. Circuit Court of Appeals finally has chosen sides in a slowly developing dispute over a technical but important issue - namely, whether a copyright application or completed registration is needed to file suit for copyright infringement. In Cosmetic Ideas Inc. v. IAC/InteractiveCorp, 2010 DJDAR 7635 (9th Cir. May 25, 2010), it ruled that filing a copyright application alone was enough to give a plain...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up