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Copyright Registration Prerequisite Not Met
The U.S. Court of Appeals for the First Circuit ruled that an e-mail from the Copyright Office stating it was 'waiting to resolve' the sufficiency of materials submitted for the copyright registration of several songs didn't allow the songwriters to proceed with an infringement suit. Alicea v. Machete Music, 12-1548.
Three reggaeton producers sued over alleged use of their compositions on the 2008 album by Erre XI distributed by Machete Music, which is owned by co-defendant UMG Recordings. The U.S. District Court for the District of Massachusetts granted summary judgment for the defendants on the ground that the plaintiffs had yet to satisfy the registration prerequisite of 17 U.S.C. '411(a) for filing an infringement action. Federal circuits use one of two different tests for determining whether the '411(a) prerequisite is satisfied: either from when the registration application is filed or when the Copyright Office issues the registration certificate.
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