Earlier this year, a unanimous Supreme Court held that a copyright owner may not file an infringement lawsuit until the Copyright Office has acted to register the owner’s application.  This decision resolves a long-standing circuit split over when a copyright owner may file an infringement lawsuit – either when the application has been submitted (the “application” approach) or when the Copyright Office registers the copyright (the “registration” approach).  In the wake of this ruling for the “registration” approach, content creators are expected to make greater use of the Copyright Act’s preregistration process as a way of protecting their work before it has been published.
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