20 Sep

Our law firm recently handled a case which established new law in Minnesota regarding copyrights. The U.S. Copyright Act provides that a lawsuit for copyright infringement cannot be commenced until the copyright has been registered with the U.S. Copyright Office (USCO) or the USCO has refused to register the copyright. However, it often takes a year or more now for the USCO to review a copyright application and accept or reject it. We felt that an author should be allowed to sue an alleged infringer while waiting for the USCO to review the author’s copyright application, especially since the registration, if granted, is retroactive to the date of the application. The federal district court for Minnesota agreed with our position, finding that “the application approach promotes the interests of justice and judicial economy.”

This post was written by Mark Ohnstad.  Mark practices law in the area of litigation at Thomsen & Nybeck, P.A.  Mark concentrates his practice in the areas of General Civil Litigation, Commercial Litigation, Insurance Litigation, Employment Law, Personal Injury and Family Law.


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