Judicial Review of Copyright Examination

Abstract:     
The article urges that judicial deference to the Copyright Office's validity determinations (positive or negative) should be influenced less by the three jurisdictional contexts (one collateral, two direct) in which they may be challenged than by evident support for its position and whether that support is legal or factual. Minimally, I hope to initiate an overdue discussion of such matters.

Keywords: copyright examination, copyright registration, judicial review, administrative process, due process

Working Paper Series