Learn the highlights on circuit splits and key cases, including the ongoing 9th Circuit appeal in VHT, Inc. v. Zillow Group, Inc., which may affect damage valuations throughout the country and dictate best practices registering large collections without compromising recovery.
Credits: 2 General, 0 Diversity/Inclusion PR, 0 MH/SA PR, 0 Other PR
Expires: 10/1/2021
Copyright Fundamentals: Registration Issues Critical to Copyright Litigation highlights circuit splits and key cases, including the ongoing 9th Circuit appeal in VHT, Inc. v. Zillow Group, Inc., which may affect damage valuations throughout the country and dictate best practices registering large collections without compromising recovery.
The Copyright Office adopted new rules for group registration of photographic works, effective February 20th this year, and recently proposed substantial rate increases to process these claims. Although the rules indicate group registration protects embodied individual works, questions remain:
Can clients obtain statutory damages for individual works embodied in compilation or database registrations?
Is the independent economic value or issuance test the appropriate standard?
Is a registration certificate required, in hand, to file under 17 U.S.C. § 411?
We thank presenters Barry F. Irwin, Irwin IP LLC, William T. McGrath, Davis McGrath LLC, Adam Reis, Irwin IP LLC, Alain Villeneuve, Duane Morris LLP, and Marci Rolnik Walker, Lawyers for the Creative Arts.
