Thursday, September 9, 2010

Subscribe to the IP Headline RSS feed | Subscribe to the IP Headline feed via Email

Unregistered Works in Settlement Do Not Bar Court from Exercising Jurisdiction

The inclusion of authors asserting ownership of unregistered works in a class action over the electronic distribution rights of freelance authors does not prevent a federal court from adjudicating the dispute, the U.S. Supreme Court ruled March 2 in an 8-0 decision ( Reed Elsevier Inc. v. Muchnick, U.S., No. 08-103, 3/2/10 ).
Reversing a federal appeals court’s ruling that the presence of unregistered works was a jurisdictional bar to adjudication, the court emphasized that the Copyright Act’s registration requirement constitutes “a precondition to filing a claim that does not restrict a federal court’s subject-matter jurisdiction.”

The decision might come as a relief to…

  1. Read this entire article for free, simply activate your free 15 day trial access to Patent Trademark & Copyright Journal now.
Patent Trademark & Copyright Journal
  1. (required)
  2. (required)
  3. (valid email required)
  4. (required)
  5. (required)
  6. (required)
  7. (required)
  8. (required)
  9. (required)
  10. (required)
  11. Captcha
 

Comments

Please feel free to comment on this article...
You can obtain a picture to go with your comment at gravatar!