Registration is Fundamental

8 IP Theory 1 (2018)

54 Pages Posted: 11 Sep 2018 Last revised: 3 Mar 2019

See all articles by Nicole E. Pottinger

Nicole E. Pottinger

University of Kentucky, College of Law, Students ; Independent

Brian L. Frye

University of Kentucky - College of Law; Dogecoin DAO Legal Scholarship Page; Rug Radio DAO Grifting Division

Date Written: August 16, 2018

Abstract

Under the Copyright Act, copyright owners can file infringement actions only if registration of their copyright claim with the Copyright Office "has been made" or "has been refused." The United States Supreme Court recently granted certiorari in Fourth Estate v. Wall-Street.com, in order to decide whether registration is "made" when a claimant files a registration application or when the Copyright Office registers the claim.

This article argues that the Court should hold that registration occurs when the Copyright Office registers the claim, in order to ensure that federal courts can benefit from the expertise of the Copyright Office. The Copyright Office recently began publishing the opinions of Copyright Office Review Board. This article uses those administrative opinions to show how the Copyright Office has developed the concepts of "originality" and "creativity" in ways that are helpful to the federal courts. It concludes with an Appendix listing the Copyright Office Review Board opinions addressing originality and explaining the basis for each decision.

Keywords: copyright, copyright office, copyright registration, supreme court, SCOTUS

Suggested Citation

Pottinger, Nicole E. and Pottinger, Nicole E. and Frye, Brian L., Registration is Fundamental (August 16, 2018). 8 IP Theory 1 (2018), Available at SSRN: https://ssrn.com/abstract=3232492

Nicole E. Pottinger

University of Kentucky, College of Law, Students ( email )

Lexington, KY
United States

Independent ( email )

Brian L. Frye (Contact Author)

University of Kentucky - College of Law ( email )

620 S. Limestone Street
Lexington, KY 40506-0048
United States

HOME PAGE: http://law.uky.edu/directory/brian-l-frye

Dogecoin DAO Legal Scholarship Page

Rug Radio DAO Grifting Division ( email )

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