©2017. Published in Landslide, Vol. 10, No. 1, September/October 2017, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.
Copyright Registration Occurs After Copyright Office Acts on Application
Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, 856 F.3d 1338, 122 U.S.P.Q.2d 1586 (11th Cir. 2017). Fourth Estate is a news organization that produces online content. Wall-Street.com is a website that licensed many Fourth Estate articles. The license required Wall-Street.com to remove all Fourth Estate content when Wall-Street.com cancelled its account with Fourth Estate. Wall-Street.com cancelled its account with Fourth Estate, but did not remove the articles from the website, so Fourth Estate sued for copyright infringement. Wall-Street.com moved to dismiss the suit and argued that Fourth Estate had not registered the copyright in the articles. The district court agreed with Wall-Street.com and dismissed the complaint, and Fourth Estate appealed.
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