Winning Copyright Infringement Cases Gets Harder

Posted on 3/15/2019 by Jim Pickerell | Printable Version | Comments (0)

Two unanimous opinions of the U.S. Supreme Court on Monday, March 4, make winning a copyright infringement case more difficult.

In the Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC,No. 17–571, the Court held that an infringement suit can not be instituted until the Copyright Office grants a registration rather than when the copyright owner merely submits the application. This may extend the period of infringement given the current relatively long time between filing an application and the Copyright Offices’ approval or denial of that application.

In the case of Rimini Street, Inc. v. Oracle USA, Inc., No. 17-1625, the Court limited “costs” to fees for the clerk and marshal; transcript, copyright, and docketing fees; disbursements for printing and witnesses; and the compensation of court-appointed experts and certain special interpretation services. The Court rejected Oracle’s position that “full costs” under Section 505 included expert witness fees, electronic discovery expenses, and jury consultant fees.

See a full report on the Digital Media Licensing Association website here.


Copyright © 2019 Jim Pickerell. The above article may not be copied, reproduced, excerpted or distributed in any manner without written permission from the author. All requests should be submitted to Selling Stock at 10319 Westlake Drive, Suite 162, Bethesda, MD 20817, phone 301-251-0720, e-mail: wvz@fpcubgbf.pbz

Jim Pickerell is founder of www.selling-stock.com, an online newsletter that publishes daily. He is also available for personal telephone consultations on pricing and other matters related to stock photography. He occasionally acts as an expert witness on matters related to stock photography. For his current curriculum vitae go to: http://www.jimpickerell.com/Curriculum-Vitae.aspx.  

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