Filing Copyright Application: Sufficient for Jurisdiction 5th Circuit

by Tamera H. BennettJanuary 20, 2008

In an unpublished opinion issued October 24, 2007, the Fifth Circuit Court of Appeals re-affirmed that in the Fifth Circuit pleading a copyright application has been filed for the alleged infringed work is sufficient to comply with the requirements of 17 U.S.C. 411(a).

[N]o action for infringement of the copyright in any United States work shall be instituted until registration of the copyright claim has been made in accordance with this title.” 17 U.S.C. § 411(a) (2005). Registration is a jurisdictional prerequisite to filing an infringement action. Creations Unlimited, Inc. v. McCain , 112 F.3d 814, 816 (5th Cir. 1997). This court does not require that a certificate from the Copyright Office be obtained before bringing suit, but it does require the plaintiff to have filed an application for registration with the Copyright Office prior to the infringement action. Lakedreams v. Taylor , 932 F.2d 103, 1108 (5th Cir. 1991).

Starr v. Diamler Chrysler, No. 06-60826, (5th Cir. Oct. 24, 2007) (unpublished)

Tamera H. Bennett

Tamera H. Bennett is a wife, mom, lawyer, mediator, blogger, podcaster, and legal writer. For two decades she’s helped clients protect what they create by practicing trademark, copyright and entertainment law in Texas and Tennessee.

Tamera has co-hosted more than 85 episodes of the Entertainment Law Update Podcast since 2009. And, she’s been honored to write for BILLBOARD magazine and the TEXAS LAWYER.

In the summer of 2015, Tamera backpacked 100 miles over 10 days with her son's Boy Scout Troop. Tamera walked her first half-marathon in 2012 and walked the Cowtown Half Marathon in February 2016 and February 2017 with a PR each time. You can visit Tamera’s blog at createprotect.com and follow her on Twitter @tamerabennett.

http://www.tbennettlaw.com
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Music Publishing Catalog Administration

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ESNTION V. JONESTM; Master Recording Copyright Infringement