US Supreme Court rules that unintentional mistakes of law, like mistakes of fact, may be considered under the copyright registration safe harbour provision. (28th May 2022)

• Record Type: Journal Article
• Authors: Macedo, Charles R; Rothstein, Chester; Goldberg, David P; Lee, Alice
• Is Part Of: Journal of intellectual property law and practice. Volume 17:Number 7(2022)
• Page Start: 546
• Page End: 548
• Publication Date: 2022-05-28
• Subjects: Intellectual property -- Periodicals; Intellectual property -- Europe -- Periodicals; 346.048
• DOI: 10.1093/jiplp/jpac050
• Languages: English
• ISSNs: 1747-1532

Abstract

Abstract: On 24 February 2002, the US Supreme Court issued its decision in Unicolors, Inc. v H&M Hennes & Mauritz, LP, holding that an unintentional mistake of law is entitled to the benefit of the US Copyright Act's safe harbour provision, § 411(b)(1)(A). In so doing, the Court clarified that not only unintentional mistakes of fact made during the application process, but also unintentional mistakes of law may be evaluated under the US Copyright Act's safe harbour provision.