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Prunte v. Universal Music Group
06-0480(PLF), 2007 WL 945401, D.D.C., 03/30/2007
Holding
For purposes of maintaining infringement action, valid ownership of copyright attaches upon submission of application and fees to Copyright Office, rather than on actual registration by the Copyright Office.
Detailed Summary
Defendants moved to dismiss the complaint that alleged direct and contributory infringement, along with a host of other allegations. Plaintiff music producer alleged that defendants violated his copyright by misappropriating lyrics he had written and submitted to one of their review services. Defendants first argued that the court lacked subject matter jurisdiction over the infringement claims because plaintiff could not establish ownership of the copyright, the first element of an infringement action. Plaintiff attached an exhibit showing his copyright preregistration form and an email from the Copyright Office acknowledging receipt of his application and fees. The court noted there was a split of authority as to whether this was sufficient to establish ownership: the minority view is that ownership attaches only after the Copyright Office has actually registered the copyright; the more common practice is to accept evidence of submission and receipt of the application and fees to establish ownership. The court sided with the second, more common view. Because Plaintiff established ownership, the court had subject matter jurisdiction and the infringement claim survived the motion to dismiss. All the other counts were dismissed.
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