[Chris says: SCOTUS just made process the punishment. Legal analysis by Terry Hart, one of the great copyright policy thinkers of a generation who writes the Copyhype blog.]
Today, the Supreme Court released its decision in Fourth Estate Public Benefit Corp. v. Wall-Street.com, holding that a copyright owner of a U.S. work must wait for the Register of Copyrights to either issue a registration certificate or refuse a registration before being able to protect her rights in court (this has been referred to as the “registration approach”). The decision settles an issue that has long divided courts—some courts had held that a copyright owner did not have to wait for the Register to act and could file suit as soon as her registration application, deposit, and fee were delivered to the U.S. Copyright Office (called the “application approach”).
Read the post on the Copyright Alliance blog