1. Chris Haigh

    In contrast to what is asserted here, a copyright registration is effective upon deposit. In this case (I represent the plaintiff), we had already deposited the material. A cursory review of the case law also illustrates that one need not have the registration in hand to file a complaint. See, for example, Proven Methods Seminars v. American Grants and Affordable Housing Institute. A complaint can be later amended to reflect the registration if necessary.

  2. Evan


    Thanks for your comment. I don't think that anywhere in the post, however, I asserted anything about when a copyright registration is effective, so I'm not sure what you're referring to when you say "[i]n contrast to what is asserted here."

    The deficiency that I observe with your complaint is that there is no allegation of registration. Sure, I believe you when you say the work in this case is registered — whether that is effective when you send it off to the Copyright Office or when you actually get the certificate in hand (the Circuits are split on that question and there's no unequivocal guidance from the Seventh). But I don't see any allegation of registration in the complaint.

    As you know, registration is a jurisdictional prerequisite, and if there's no allegation of that, then you haven't demonstrated in the pleading that the case belongs before the court. That would seem to present a pretty nasty 12(b)(1) problem.

Comments are closed.

Did you enjoy this post? Then please share it with your friends and colleagues: