Intellectual Property Law

Repeat After Me: There Is Such A Thing As Expedited Handling of an Application For Copyright Registration

By Marty Schwimmer

Ownership of a copyright registration (or of a refused appllication) is necessary to bring a copyright suit. In the Second Circuit at least, it is clear that ownership of a mere pending application is insufficient.

I don't know all the facts in the decision dismissing the complaint embeed below, so I'll just say that I don't get the behavior of the parties here. It seems to me that if the words "Expedited Handling of Copyright Registration" came up at the pre-motion conference, then this motion would not have had to be heard, and there wouldn't have to be a re-filing of this copyright complaint.

Normal processing of a copyright application may take 8 months or so. You may request expedited handling of an application for copyright registration, even for an application that has already been filed. Pending litigation is an acceptable reason for granting such a request. Expedited handling may take only a week (same day registrations for 'walk-ins').

deicsion expedited copyright

Full post as published by Trademark Blog on August 17, 2009 (boomark / email).