Circuit Split Widens on Copyright Registration Timing

May 28, 2010

When does a copyright get registered? Once an application is submitted to the U.S. Copyright Office, according to the latest federal appeals court to weigh in on an increasingly divisive issue. A 9th Circuit panel ruled this week that the submission of the application, rather than the Copyright Office's grant of registration, dictates when a copyright is officially registered. The 9th Circuit joins the 5th and 7th circuits in deciding for the application approach, while the 10th and 11th circuits concluded otherwise.