Fourth Estate Pub. Benefit Corp. v. Wall-Street.com, LLC (17-571)
argument 17-571Fourth Estate Pub. Benefit Corp. v. Wall-Street.com, LLC
Supreme Court of the United States
1h 1m
5 speakers
8 chapters
transcribed 7 days ago
official recording ↗
Transcript
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What is the core dispute over the meaning of “registration has been made” in §411A?
We'll hear argument next this morning in case seventeen five seventy one, Fourth Estate Public Benefit Corporation versus Wall Street dot com.
Mr.
Panner.
Mr. Chief Justice, may it please the Court. The Copyright Act provides strong textual evidence that the phrase registration has been made in Section four hundred eleven A refers to the copyright owner's compliance with the registration requirement of Section 408A. That reading is confirmed by the legislative history. The statute overruled cases that made the register a gatekeeper to the courthouse and the policy of the statute. which grants exclusive rights upon fixation of an original work not by virtue of any administrative action. And as a matter of ordinary language, and in the Copyright Act's lexicon, registration can refer to the copyright owner's effort to secure recordation of a claim and to the copyright office's recordation of the claim after examination.
Well, but as to that, it seems to me
One reason the case is a little confusing is that I think you're right, registration could mean either. But in a situation where you've got a registrar, it seems to me that the most likely understanding of registration is what that person
does. But Your Honor, that's not the way the statute uses the language. And in section four hundred eleven C The sec for section four hundred eleven C expressly says the copyright owner makes registration. In section four hundred two, there's agreement that when it says registration is made, it's referring to the action of the copyright owner. In section four hundred eight C it refers to registration has been made in a context that um that necessarily refers to um the action of the copyright owner. Um it says that registration may be made upon the filing of a single application and fee. In Section four hundred and five A, refers to registration for the work has been made within five years, which again strongly suggests that it is by the copyright owner.
In Section 405 B, Uh again, registration for the work has been made under Section four hundred oh eight. So there is no question, I think. Well, but
you forgot the second sentence of four hundred eleven A, which speaks of uh registration uh cannot mean when the applicant applies uh uh because it ref it talks about the applicant uh being able to take action when registration has been refused, or I would say when registration has not been made.
Well, Your Honor, I I I wouldn't say when registration has not been made. It's when registration has been refused, and that and that language is important. And I think it's important to stress that our position is that registration refers flexibly to both, but that the phrase registration has been made consistently refers to the action of the copyright owner and it makes sense in section four hundred eleven A itself. And if you look at the parallelism in the structure, it talks about registration having been made in accordance with the title, and then it says if the required deposit fee and and application um have been delivered, so again the action of the copyright owner. But registration has been refused, i.e., the registrar has taken an action that calls into question
Whether the registration has been made in accordance with the title, the case can still proceed. So
you just dismiss 410 D as superfluous?
Not at all. Section 410 D um provides that the effective date of registration is when the cop the application fee and deposit have been re received in a form that is acceptable for registration. as later determined, and this is key, by the office or by a court. So Section four hundred ten D I think strongly supports our position, because it makes clear that in a case where there may be a doubt Um about Perhaps because the register has not yet acted, if there's some question about whether registration has been made in accordance with the title. the court can determine that question, can also determine that question in a case.
But you have already said registration has been made in the terms of the registrar's action when the the applicant applies.
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Chapters
8 chapters
1
What is the core dispute over the meaning of “registration has been made” in §411A?
0:00–8:14
2
How do the parties interpret the statutory text of §§411‑412 regarding who performs registration?
8:14–15:12
3
What role does §410D play in defining the effective date of copyright registration?
15:12–21:10
4
How does the debate address the ability to file an injunction before registration is finalized?
21:10–28:40
5
What are the policy arguments about delays in the Copyright Office’s registration process?
28:40–35:57
6
How does pre‑registration under §408F affect a plaintiff’s right to sue and obtain relief?
35:57–44:56
7
What practical problems could arise from the Court’s interpretation of registration requirements?
44:56–52:56
8
How does the Court’s decision impact the balance between copyright owners and the Register?
52:56–1:01:17