Copyright Doubleheader At The Supreme Court
Art Law

Copyright Doubleheader At The Supreme Court

The Supreme Court unanimously decided two Copyright Act cases on March 4, 2019. In Rimini Street, Inc. v. Oracle USA, Inc. , the Court held that the provision in the Copyright Act that gives federal district courts discretion to award “full costs” to a party in copyright litigation, 17 U. S. C. §505, covers only the six categories specified in the general costs statute, 28 U. S. C. §§1821, 1920. In Fourth Estate Pub. Benefit Corp. v. Wall-Street.com , the Court explained that 17 U. S. C. §411(a) direction that “no civil action for infringement of the copyright in any United States work shall be instituted until . . . registration of the copyright claim has been made in accordance with this title” bars commencement of an infringement suit, until the Copyright Office registers a copyright. Upon registration of the copyright, however, a copyright owner can recover for infringement that occurred both before and after registration. Rimini In Rimini , a jury awarded Oracle damages after finding that Rimini had infringed various copyrights. The District Court also awarded Oracle fees and costs, including $12.8 million for litigation expenses such as expert witnesses, e-discovery, and jury consulting. Affirming the $12.8 […]

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