Bensen on Darden v. Peters

In Darden v. Peters , the Fourth Circuit affirmed the district court’s holding that the Copyright Office did not abuse its discretion in rejecting Darden’s copyright application (the Supreme Court denied Darden’s petition for writ of certiorari on February 25, 2008). The application...

Copyright Office Offers Basic Registration over the Internet

Filing for a copyright has just gotten easier thanks to a new “beta” program offered by the U.S. Copyright Office. For those who wish to file such applications, the Copyright Office is testing a web-based registration system called “electronic Copyright Office” (“eCO”...

Copyright Litigation Becomes A Little Bit Easier for West Coast Plaintiffs

By Michael M. Ratoza and Michael S. Wilcox For years it has been a hard and fast rule of copyright law that the Copyright Office must first issue a copyright registration, or issue a refusal to register, before a plaintiff may file an infringement suit. No registration; no suit. This registration...

Prisoner’s Right to Copyright Protection Not Impeded by Restriction against Prisoner’s Business Activity: Jerry v. Beard, 2011 U.S. App. LEXIS 5861 (3d Cir. 3/22/11)

Prisoners have a legal right to register their copyrights with the Library of Congress, according to a recent decision from the Third Circuit. Bernard Carter Jerry-El (Jerry), a prisoner in Pennsylvania, intended to submit his book to the Library of Congress to obtain copyright privileges. However...

Protecting Your Trade Secret While Protecting Your Code with Copyright Registration

This post is about protecting the secrecy of your code while registering it with the US Copyright Office. Copyright.gov website provides useful information about copyright in general and the process of filing a copyright application in particular. Circular 61 , available on the copyright.gov...