Fourth Estate Pub. Benefit v. Wall-Street.com
In brief
The Court said copyright owners must wait for the Copyright Office to register a claim before they can sue for infringement.
- Where it stands
- Decided
Decided 9-0 · March 4, 2019 · Opinion by Justice Ginsburg
- What it’s about
- This case determines whether a copyright owner can file an infringement lawsuit immediately after submitting a registration application, or if they must wait until the Copyright Office officially processes the claim.
- Who it affects
- Copyright owners must wait for the Copyright Office to register a claim before suing for infringement. Once registration occurs, they can seek recovery for infringement that happened before and after registration.
Summary: written with AI from the case record.
What it's about
The Supreme Court ruled that a copyright claim is only considered registered once the Copyright Office acts on the application.
The decision sets one nationwide rule for when copyright registration is complete enough to start an infringement case.
Question presented
Is “registration of [a] copyright claim” complete under 17 U.S.C. § 411(a) when the copyright holder delivers the required application, fees, and materials to the copyright office, or only once the copyright office has acted on that application?
What the Court decided
Holding
Registration occurs, and a copyright claimant may commence an infringement suit, when the Copyright Office registers a copyright. Upon registration of the copyright, however, a copyright owner can recover for infringement that occurred both before and after registration. 856 F. 3d 1338, affirmed.
- Result
- Affirmed
The vote
What's next
The Supreme Court has finished this case. Copyright owners seeking infringement claims must wait for Copyright Office registration, but may seek recovery for infringement before registration once it is complete.
Documents
Docket activity
New analysis added
AI analysis generated: Case Briefing
AI analysis generated: Decision Record
Opinion added: opinion
Brief added: Questions Presented
More questions
- What did Fourth Estate Pub. Benefit Corp. v. Wall-Street.com decide?
- The Court upheld the rule that registration happens when the Copyright Office registers the copyright, not when an owner submits an application.
- When can a copyright owner sue for infringement?
- A copyright owner can start an infringement lawsuit after the Copyright Office registers the copyright claim.
- Can an owner recover for infringement before registration?
- Yes. After registration, the owner can seek recovery for infringement that occurred both before and after registration.
- Who won at the Supreme Court?
- The Court agreed with the Eleventh Circuit and upheld its ruling. Justice Ginsburg wrote for a unanimous Court.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.