TBA Law Blog

Posted by: Katharine Heriges on Sep 4, 2018
The American Bar Association filed an amicus brief in the U.S. Supreme Court on Tuesday, Sept. 4, asking the justices to settle a split among lower courts by establishing an “application approach” to enforce copyright claims. In endorsing the application approach, the ABA brief said it better reflects the nature of copyright law by focusing on the “copyright holder’s conduct not that of the Copyright Office.” The brief points out that as of July, the Copyright Office reported that a certificate of registration may take between three and 28 months to process, and the delay can prevent a copyright holder from filing suit immediately to prevent widespread dissemination of the infringing work.