Hyman Rosen wrote: > > Alexander Terekhov wrote: > > http://williampatry.blogspot.com/2007/01/section-411a-bites-plaintiff-twice.html > > "An opinion issued ... shows some courts may take > the requirement too seriously.
I think that awarding attorneys fees against plaintiff and forcing plaintiff pay another case filing fee (IF and when plaintiff receives a registration or a rejection thereof and decides to go to court once again) is the right remedy. For a pro se plaintiff. Attorney sanctions for a non-pro litigants sounds quite reasonable to me. Don't you agree, Hyman? http://www.techlawjournal.com/courts/lds/19991112mem.htm ------- Registration of copyright in the work that is allegedly infringed is a jurisdictional requirement. 17 U.S.C. § 411. Techniques, Inc. v. Rohn, 592 F.Supp. 1195, 1197; 225 U.S.P.Q. 741 (S.D.N.Y. 1984)("Pursuant to 17 U.S.C. § 411(a) as well as its predecessor, § 13, it has been held repeatedly that ownership of a copyright registration is a jurisidictional prerequisite to an action for infringement. . . . A complaint which fails to plead compliance with § 411(a) is defective and subject to dismissal."); Grundberg v. The Upjohn Company, 137 F.R.D. 372, 382; 19 U.S.P.Q. 1590 (D. Ut. 1991). Lacking even an allegation of registration of copyright ... this Court is without subject matter jurisdiction. ------- http://www.copyright.gov/fedreg/2001/66fr19094.html ------- SUPPLEMENTARY INFORMATION: Under title 17, United States Code, the copyright law allows a copyright owner to sue for infringement of exclusive rights provided under 17 U.S.C. 106, as long as the work(s) at issue have been registered with the Copyright Office. In addition, under section 411(a), a registration applicant whose application for registration has been refused by the Office may institute an infringement action under certain circumstances. It states: Except for an action brought for a violation of the rights of the author under section 106A(a), and subject to the provisions of subsection (b), no action for infringement of the copyright in any United States work shall be instituted until registration of the copyright claim has been made in accordance with this title. In any case, however, where the deposit, application, and fee required for registration have been delivered to the Copyright Office in proper form and registration has been refused, the applicant is entitled to institute an action for infringement if notice thereof, with a copy of the complaint, is served on the Register of Copyrights. The Register may, at his or her option, become a party to the action with respect to the issue of registrability of the copyright claim by entering an appearance within sixty days after such service, but the Register's failure to become a party shall not deprive the court of jurisdiction to determine that case. 17 U.S.C. 411(a). The purpose of the statutory provision is to enable the Register to become a party to an action, if he or she chooses, with respect to the issue of registrability of the copyright claim, and, thereby explain the Office's rejection of an application or clarify the Office's registration practices and procedures. The Register has sixty days after service of complaint to intervene in the case. ------- regards, alexander. -- http://gng.z505.com/index.htm (GNG is a derecursive recursive derecursion which pwns GNU since it can be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards too, whereas GNU cannot.) _______________________________________________ gnu-misc-discuss mailing list [email protected] http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
