September 4, 2018

ABA files Amicus Brief in Fourth Estate Public Benefit Corp. v. Wall and Jerrold D. Burden

The ABA’s amicus brief in the Fourth Estate case, filed on the recommendation of the Section of Intellectual Property Law, supports permitting copyright holders to enforce their copyrights after submitting a complete set of registration materials (i.e., the application, deposit, and registration fee) to the Copyright Office, known as the “application approach.” The brief explained the application approach better comports with the Copyright Act as a whole and better serves U.S. authors and the judicial system at large as compared to the “certificate approach” of having copyright holders wait to seek relief for copyright infringement until a certificate of registration is issued or refused by the Copyright Office.  The ABA-IPL Section adopted a policy position favoring the application approach in October 2017, which was supported by the ABA House of Delegates in February 2018.