Document Type

Article

Publication Date

2020

Abstract

In March, the U.S. Supreme Court handed down its highly-anticipated decision in Fourth Estate Public Benefit Corporation v. Wall-Street.com, LLC which resolved a split among U.S. Court of Appeals concerning the point in time when a copyright owner is first able to file suit against an alleged infringer. While at first glance this case may merely appear to be a simple issue of statutory interpretation, namely whether it is upon application for registration or once a determination has been made on registration by the U.S. Copyright Office, I argue this decision is a clarion call for a much-needed amendment to the Copyright Act. Although the Court may have correctly construed the registration prerequisite in Section 411(a) of the Copyright Act, I argue that neither of the two approaches before the Court was a truly appropriate option.

Publication Title

Missouri Law Review

Volume

85

Issue

2

Article Number

19

First Page

357

Last Page

52

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