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Fourth Estate Public Benefit Corporation v. Wall-Street.com, LLC, et al.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 16-13726 · judgment May 18, 2017

Decided · March 4, 2019
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Section 411(a) of the Copyright Act provides (with qualifications) that "no civil action for infringement of [a] copyright in any United States work shall be instituted until preregistration or registration of the copyright claim has been made in accordance with this title." 17 U.S.C. § 4ll(a). The question presented is: Whether "registration of [a] copyright claim has been made" within the meaning of§ 411 (a) when the copyright holder delivers the required application, deposit, and fee to the Copyright Office, as the Fifth and Ninth Circuits have held, or only once the Copyright Office acts on that application, as the Tenth Circuit and, in the decision below, the Eleventh Circuit have held.

Counsel of record

For petitioner
Aaron M. Panner
Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C.

For respondent
Peter K. Stris
Stris and Maher LLP

Case

Conference history
Distributed for 4 conferences

Amicus briefs
1 cert-stage · 9 merits
(5 supporting pet./neither, 4 respondent)

Argument & decision

Argued January 8, 2019 — Aaron M. Panner · Peter K. Stris. Audio and transcript

Decided March 4, 2019. Opinion by Ginsburg.

Proceedings

  1. Apr 05 2019
    JUDGMENT ISSUED.
  2. Mar 04 2019
    Adjudged to be AFFIRMED. Ginsburg, J., delivered the opinion for a unanimous Court.
  3. 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.)
  4. Dec 17 2018
    Record from the U.S.C.A. 11th Circuit is electronic and located on PACER.
  5. Dec 13 2018
    Record received from the U.S.D.C. Southern Dist. of Florida Fort Lauderdale Division is electronic and complete.
  6. Dec 11 2018
    Record requested from the U.S.C.A. 11th Circuit.
  7. Nov 30 2018
    CIRCULATED
  8. Nov 28 2018
    SET FOR ARGUMENT ON Tuesday, January 8, 2019
  9. Nov 13 2018
    Reply of petitioner Fourth Estate Pub. Benefit Corp. filed.
  10. Oct 26 2018
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
  11. Oct 18 2018
    Brief amicus curiae of Washington Legal Foundation filed.
  12. Oct 18 2018
    Brief amicus curiae of United States filed.
  13. Oct 18 2018
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
  14. Oct 18 2018
    Brief amici curiae of Authors and Educators filed.
  15. Oct 18 2018
    Brief amici curiae of Public Knowledge, et al. filed.
  16. Oct 11 2018
    Brief of respondents Wall-Street.com, LLC, et al. filed.
  17. Sep 04 2018
    Brief amici curiae of National Music Publishers' Association, et al. filed.
  18. Sep 04 2018
    Brief amicus curiae of The Copyright Alliance filed.
  19. Sep 04 2018
    Brief amicus curiae of American Bar Association filed.
  20. Sep 04 2018
    Brief amici curiae of Authors Guild and Other Artists' Rights Organizations filed.
  21. Sep 04 2018
    Brief amicus curiae of The International Trademark Association filed.
  22. Aug 27 2018
    Brief of petitioner Fourth Estate Pub. Benefit Corp. filed.
  23. Aug 24 2018
    Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
  24. 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.
  25. Jul 25 2018
    Blanket Consent filed by Respondents, Wall-Street.com, LLC, et al.
  26. Jul 24 2018
    Blanket Consent received from counsel of record for Petitioner, Fourth Estate Public Benefit Corporation filed.
  27. Jul 24 2018
    Motion to dispense with printing the joint appendix filed by petitioner Fourth Estate Pub. Benefit Corp.
  28. Jul 23 2018
    Motion for an extension of time filed.
  29. Jun 28 2018
    Petition GRANTED.
  30. Jun 27 2018
    DISTRIBUTED for Conference of 6/27/2018.
  31. Jun 05 2018
    DISTRIBUTED for Conference of 6/21/2018.
  32. Jun 05 2018
    Supplemental brief of petitioner Fourth Estate Pub. Benefit Corp. filed. (Distributed)
  33. May 16 2018
    Brief amicus curiae of United States filed.
  34. Jan 08 2018
    The Solicitor General is invited to file a brief in this case expressing the views of the United States.
  35. Dec 13 2017
    DISTRIBUTED for Conference of 1/5/2018.
  36. Dec 13 2017
    Reply of petitioner Fourth Estate Public Benefit Corporation filed. (Distributed)
  37. Nov 28 2017
    Brief of respondents Wall-Street.com, LLC, et al. in opposition filed.
  38. Nov 02 2017
    Response Requested. (Due December 4, 2017)
  39. Nov 01 2017
    DISTRIBUTED for Conference of 11/21/2017.
  40. Oct 13 2017
    Petition for a writ of certiorari filed. (Response due November 15, 2017)
  41. Oct 13 2017
    Waiver of right of respondents Wall-Street.com, LLC, et al. to respond filed.
  42. Aug 07 2017
    Application (17A150) granted by Justice Thomas extending the time to file until October 13, 2017.
  43. 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.