ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Media & Entertainment Law Blogs -> Entertainment Law Update

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Media & Entertainment Law

: Entertainment Law Update

Copyright Registration System under fire - part 2

By Gordon Firemark

ADVERTISEMENTS

In part I of this series, I discussed the current backlog on registrations at the copyright office.   Here, I discuss a more fundamental issue which questions the very validity of every copyright registration.

Questions about the validity of U.S. Copyright Registrations may require dismissal of every copyright suit!?

In most U.S. District Courts, copyright registration is a requirement before a plaintiff can file an infringement suit. Recently, however, some legal commentators have raised a terrifying spectre that could (arguably) result in the dismissal of every copyright infringement action filed.

Under the Constitution’s “appointments clause”, only the President, Courts or a cabinet level department head can appoint the “inferior officers” of the goverment.  Trouble is, the Register of Copyrights , such an officer, is appointed by the Librarian of Congress.  (Not a cabinet-level appointee) (Cabinet level appointees are carefully vetted and ultimately confirmed by the Senate, etc.).

So, it seems, at least to some, that the appointments made  by the Librarian of Congress are invalid because they violate the appointments clause of the constitution.  This argument is currently before the courts in a major battle challenging the appointment of the Copyright Royalty Board (also by the Librarian of Congress)

If the Register of Copyrights holds the office in violation of the constitution, then all of her ministerial acts (such as registration of millions of copyrights each year), are invalid, and since valid registration is a jurisdictional requirement for the Courts to hear copyright cases, such cases must therefore be dismissed.

Wow.

The Courts will soon rule on the Copyright Royalty Board case, which may provide more answers… or more questions.

Hat Tip to Shourin Sen of the Exclusive Rights blog, and Ben Sheffner at Copyrights & Campaigns

Full post as published by Entertainment Law Update on May 23, 2009 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0126 secs (new cache)