Copyright Law | Expert Legal Commentary
April 13, 2010
Reed Elsevier v. Muchnick: Section 411(a) Does Not Limit Subject Matter Jurisdiction
Reed Elsevier, Inc. v. Muchnick
By
Olivier A. Taillieu and Jeffrey J. Zuber of Zuber & Taillieu LLP
Nine years after its decision in New York Times Co. v. Tasini, 533 U.S. 483 (2001), the U.S. Supreme Court has held that Section 411(a) of the Copyright Act does not limit a federal court’s subject matter jurisdiction to certify a class and approve a settlement that includes class members with unregistered works. In Reed Elsevier, Inc. v. Muchnick, ___ U.S. ___, 130 S.Ct. 1237, (2010), the Supreme Court reversed the Second Circuits decision that Section 411(a) was a jurisdictional requirement, thereby clearing the way for final resolution of an $18 million settlement related to the Tasini decision.
To continue reading this article, subscribe now
It's FREE and only takes seconds
About the Authors
Olivier A. Taillieu is a Partner of Zuber & Taillieu LLP, focusing on intellectual property litigation and arbitration.
Jeffrey J. Zuber is a Partner of Zuber & Taillieu LLP, focusing on intellectual property litigation and arbitration.
Image Credit: ©iStockphoto.com/zentilia
View a PDF of the judicial opinion