Subject Matter Jurisdiction—Copyright Infringement
5 March 2009
Mayer Brown Legal Update
A provision of the Copyright Act, 17 U.S.C. § 411(a), states that “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.” On March 2, 2009, the Supreme Court granted certiorari in Reed Elvesier, Inc. v. Muchnick (No. 08-103) to decide whether that provision restricts federal courts’ subject-matter jurisdiction over copyright-infringement actions.