Copyright Infringement: An Analysis of the Application and Registration Approaches

摘要

In light of the legislative history discussed in the La Resolana case, the most recent act of Congress implies a shift in the ultimate goal of the copyright statute. It is fairly clear that the plain language of Title 17, as it stood before the FECA amendments in 2005, did not seek to promote justice for copyright owners,but sought to avoid a "shifting of legal entitlements"74 that would occur if the copyright owner brought an action for infringement and the Copyright Office subsequently rejected his or her application. In times of rapid change in commerce, it would be inequitable as well as counter-productive to the promotion of rapid fair dealings administered by the courts to require that copyrightable material wait for the Copyright Office to approve or reject an application for copyright registration.