The Supreme Court has decided two highly anticipated copyright cases, both by unanimous decision. In Rimini Street v. Oracle, Justice Kavanaugh’s opinion reversed the Ninth Circuit, holding that an award of “full costs” under §505 of the Copyright Act cannot exceed those costs specified in the general federal costs statute, codified at 28 U.S.C. §§ 1821 and 1920. Meanwhile, Justice Ginsburg’s opinion in Fourth Estate v. Wall-street.com resolved a longstanding circuit split as to what constitutes “registration” of a copyrighted work as a prerequisite for an infringement action. Affirming the Eleventh Circuit, the Court held that a copyright claimant may commence an action for infringement only after the Copyright Office has examined and issued a registration for its claimed copyright (or refused same); merely filing a copyright application is not sufficient.
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