Fourth Estate Public Benefit Corp. v. Wall-Street.com
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 17-571 | 11th Cir. | Jan 8, 2019 | Mar 4, 2019 | 9-0 | Ginsburg | OT 2018 |
Holding: Registration occurs, and a copyright claimant may commence an infringement suit, when the Copyright Office registers a copyright.
Judgment: Affirmed, 9-0, in an opinion by Justice Ginsburg on March 4, 2019.
SCOTUSblog Coverage
- Opinion analysis: A copyright owner can’t sue for infringement before the Register has processed its copyright registration application (Jessica Litman, March 4, 2019)
- A “view” from the courtroom: Third Mondays (Mark Walsh, March 4, 2019)
- Argument analysis: Justices wade deep into the copyright weeds (Jessica Litman, January 9, 2019)
- Argument preview: When has registration of a copyright claim “been made”? (Jessica Litman, January 3, 2019)
- Petition of the day (Aurora Barnes, November 15, 2017)
| Date | Proceedings and Orders |
|---|---|
| Aug 04 2017 | Application (17A150) to extend the time to file a petition for a writ of certiorari from August 16, 2017 to October 13, 2017, submitted to Justice Thomas. |
| Aug 07 2017 | Application (17A150) granted by Justice Thomas extending the time to file until October 13, 2017. |
| Oct 13 2017 | Petition for a writ of certiorari filed. (Response due November 15, 2017) |
| Oct 13 2017 | Waiver of right of respondents Wall-Street.com, LLC, et al. to respond filed. |
| Nov 01 2017 | DISTRIBUTED for Conference of 11/21/2017. |
| Nov 02 2017 | Response Requested. (Due December 4, 2017) |
| Nov 28 2017 | Brief of respondents Wall-Street.com, LLC, et al. in opposition filed. |
| Dec 13 2017 | DISTRIBUTED for Conference of 1/5/2018. |
| Dec 13 2017 | Reply of petitioner Fourth Estate Public Benefit Corporation filed. (Distributed) |
| Jan 08 2018 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| May 16 2018 | Brief amicus curiae of United States filed. |
| Jun 05 2018 | DISTRIBUTED for Conference of 6/21/2018. |
| Jun 05 2018 | Supplemental brief of petitioner Fourth Estate Pub. Benefit Corp. filed. (Distributed) |
| Jun 27 2018 | DISTRIBUTED for Conference of 6/27/2018. |
| Jun 28 2018 | Petition GRANTED. |
| Jul 23 2018 | Motion for an extension of time filed. |
| Jul 24 2018 | Blanket Consent received from counsel of record for Petitioner, Fourth Estate Public Benefit Corporation filed. |
| Jul 24 2018 | Motion to dispense with printing the joint appendix filed by petitioner Fourth Estate Pub. Benefit Corp. |
| Jul 25 2018 | Blanket Consent filed by Respondents, Wall-Street.com, LLC, et al. |
| Jul 27 2018 | Motion to extend the time to file the opening briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 27, 2018. The time to file respondents' brief on the merits is extended to and including October 11, 2018. |
| Aug 24 2018 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| Aug 27 2018 | Brief of petitioner Fourth Estate Pub. Benefit Corp. filed. |
| Sep 04 2018 | Brief amici curiae of National Music Publishers' Association, et al. filed. |
| Sep 04 2018 | Brief amicus curiae of The Copyright Alliance filed. |
| Sep 04 2018 | Brief amicus curiae of American Bar Association filed. |
| Sep 04 2018 | Brief amici curiae of Authors Guild and Other Artists' Rights Organizations filed. |
| Sep 04 2018 | Brief amicus curiae of The International Trademark Association filed. |
| Oct 11 2018 | Brief of respondents Wall-Street.com, LLC, et al. filed. |
| Oct 18 2018 | Brief amicus curiae of Washington Legal Foundation filed. |
| Oct 18 2018 | Brief amicus curiae of United States filed. |
| Oct 18 2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Oct 18 2018 | Brief amici curiae of Authors and Educators filed. |
| Oct 18 2018 | Brief amici curiae of Public Knowledge, et al. filed. |
| Oct 26 2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Nov 13 2018 | Reply of petitioner Fourth Estate Pub. Benefit Corp. filed. |
| Nov 28 2018 | SET FOR ARGUMENT ON Tuesday, January 8, 2019 |
| Nov 30 2018 | CIRCULATED |
| Dec 11 2018 | Record requested from the U.S.C.A. 11th Circuit. |
| Dec 13 2018 | Record received from the U.S.D.C. Southern Dist. of Florida Fort Lauderdale Division is electronic and complete. |
| Dec 17 2018 | Record from the U.S.C.A. 11th Circuit is electronic and located on PACER. |
| Jan 08 2019 | Argued. For petitioner: Aaron M. Panner, Washington, D. C. For respondents: Peter K. Stris, Los Angeles, Cal.; and Jonathan Y. Ellis, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) |
| Mar 04 2019 | Adjudged to be AFFIRMED. Ginsburg, J., delivered the opinion for a unanimous Court. |
| Apr 05 2019 | JUDGMENT ISSUED. |
