Judicial Review of Copyright Examination
45 Pages Posted: 23 Nov 2003 Last revised: 21 Oct 2010
Date Written: November 21, 2003
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
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