IP Intelligence

IP Intelligence

Insight on Intellectual Property

Tag Archives: section 411

Whoa Nelly: Furtado and Timbaland Defeat Copyright Claim as Plaintiff Fails to Show Evidence

In what might have otherwise been a legitimate case of copyright infringement, Kernel Records–the plaintiff in Kernel Records Oy v. Timothy Mosley et al., had its case tossed out because of an evidentiary failure. Section 411 of the Copyright Act is clear: absent special circumstances, a plaintiff must attain a copyright registration, as discussed here.  One … Continue Reading

Copyright Law 101: The Registration Requirement

The U.S. Copyright Act has certain formalities; one of the simplest and easiest to understand is the so-called “registration requirement.”  This is an important requirement—it governs when a copyright owner can bring a lawsuit for copyright infringement.  Section 411(a)‘s terms are clear and unambiguous: no action for may be instituted until registration has been made … Continue Reading