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From: | Hyman Rosen |
Subject: | Re: Time to put up or shut up! |
Date: | Tue, 04 May 2010 16:16:39 -0000 |
User-agent: | Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv:1.9.1.5) Gecko/20091204 Thunderbird/3.0 |
On 4/16/2010 12:30 PM, Alexander Terekhov wrote:
http://www.oblon.com/files/news/514.pdf "under the “Registration Approach,” only after the Register of Copyrights actually approves the application and issues a registration, or notifies the copyright applicant that the application is rejected, is the prerequisite for a federal copyright infringement action satisfied. The courts of the Second,15 Tenth16 and Eleventh17 Circuits follow this approach."
If the court requires that each specific version of a work be registered, then it is possible that this suit will be found defective and be dismissed. The plaintiffs can then register the specific version involved and refile the suit. The court may also give them the option of registering and then amending the complaint.
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