THE APPELLATE COURTS DO NOT ALWAYS GET IT RIGHT EITHER

WASHINGTON-D.C.-(AEAE)- APPELLATE COURT DO NOT ALWAYS GET IT RIGHT. The United States Supreme Court issued a decision inREED ELSEVIER, INC., ET AL. v. MUCHNICK ET AL. On March 3, 2010 reversing the THE SECOND CIRCUIT in a copyright case. The Copyright Act (Act) generally requires copyright holders to register their works before suing for copyright infringement. 17 U. S. C. A. §411(a). The complaint in this consolidated, class-action copyright in fringement suit alleged that the named plaintiffs each own at least one copyright, typically in a freelance article written for a newspaper or magazine, that they had registered in accordance with §411(a).. The parties moved the District Court to certify a settlement class and approve a settlement agree ment. The District Court did so over the objections of some freelance authors. On appeal, the Second Circuit sua sponte raised the question whether §411(a) deprives federal courts of subject-matter jurisdiction over infringement claims involving unregistered copyrights, concluding that the District Court lacked jurisdiction to certify the class or approve the settlement. The U.S Supreme Court reversed. The Second Circuit sua sponte committed reversble error. Click on the attached link to read the whole opinion http://www.supremecourtus.gov/opinions/09pdf/08-103.pdf Leo Stoller is the nations leading Intellectual Property and Appellate court Expert Ldms4@hotmail.com

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