Intellectual Property Law

New Matter SPRING 2014, Volume 39, Number 1

Case Comments

Lowell Anderson

Stetina Brunda Garred & Brucker


The statute requires the author’s name and the work’s title be included in a registration. 17 U.S.C. § 409(2). Collective works do not require that information on the collected works but limit who can sue for what. The U.S. has filed amicus briefs "arguing that the Copyright Office has permissibly interpreted Section 409 not to require a registration application to identify the author of all claimed component works and that courts should defer to that interpretation." The Fourth Circuit has adopted that view as has an unreported N.D. California case and this district court. A motion to dismiss the complaint for lack of a valid registration under 17 U.S.C. § 411(a) was denied. Panoramic Stock Images, Ltd. v. McGraw-Hill Cos., 108 U.S.P.Q2d 1064 (N.D. Ill. 2013).

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