SCOTUS Copyright Double Play

SCOTUS Copyright Double Play: The Court’s New Decisions in Rimini Street and Fourth Estate and Their Impact

On Monday, March 4, 2019, the Supreme Court issued unanimous opinions in Rimini Street Inc. v. Oracle USA Inc., and in Fourth Estate Public Benefit Corp. v. Wall-Street.com. The first settles the scope of costs a trial court may award to a victorious party subject to 17 U.S.C. § 505. The second settles the long-burning question as to whether registration, or merely application for registration, is a prerequisite for commencement of a copyright infringement suit. Please join us for a discussion on the significance and future implications of these decisions. 

The Copyright Society of the USA is a New York State and Pennsylvania certified CLE provider. Program will provide 1 credit for NY and PA CLE. 

Dale Cendali is a nationally recognized leader in the field of intellectual property litigation, having successfully litigated and tried numerous high-profile cases, and having argued before the U.S. Supreme Court. As a Partner at Kirkland & Ellis, her practice encompasses copyright, trademark, false advertising, patent, Internet, and trade secrets law, as well as defamation, the right of publicity, privacy, complex contract disputes and similar areas, including electronic discovery. Dale heads Kirkland’s Copyright, Trademark, Internet and Advertising practice group. In 2019, Dale was selected for the Lawdragon 500 Leading Lawyers in America “Hall of Fame.” She also has repeatedly been named by Super Lawyers among “The Top 100 New York Lawyers” and “The Top 50 Female New York Lawyers,” and was profiled in the feature story “Truth, Justice and the Cendali Way” in the 2007 New York Metro edition of Super Lawyers Magazine. World Trademark Review named Dale a “revered branding expert” who “remains keenly engaged in the development of the law. Dale has been recognized by the Harvard Law Bulletin as one of Harvard Law School’s “Nifty 50,” celebrating 50 of Harvard Law School’s alumnae. Dale is also an adjunct professor at Harvard Law School, teaching copyright and trademark litigation. She is also a prolific writer and has long been active in the bar. In 2010, INTA elected Dale to serve as Counsel, the highest-ranking position in the organization for an outside counsel. She also previously chaired INTA’s Dilution and Enforcement Committees, and is the current chair of INTA’s inaugural Copyright Committee. Dale was also the Vice Chair of the Copyright Division and chair of the IP Special Issues Division for the IP Section of the ABA, and currently serves on Council for the ABA IP Section. Among many other positions in the bar, Dale is also the former Chair of the Trademarks and Unfair Competition Committee of the Association of the Bar of the City of New York. In 2015 Dale was selected as an Adviser for The American Law Institute’s project, Restatement of the Law, Copyright.

Jacqueline C. Charlesworth, an attorney at the law firm Covington & Burling, practices intellectual property law, with an emphasis on copyright issues. Before joining Covington’s New York office, she served for three years as General Counsel and Associate Register of Copyrights at the U.S. Copyright Office in Washington, D.C. While at the Copyright Office, Ms. Charlesworth had primary responsibility for interpretation of the U.S. Copyright Act. As General Counsel she oversaw a wide range of litigation, legislative, regulatory, and policy matters, including the Office’s participation in cases before the U.S. Supreme Court, rulemaking proceedings under the DMCA and other provisions, legal review of Copyright Royalty Board decisions, the administration of statutory cable, satellite, and music licenses, and copyright registration and termination issues. She also advised Congress on copyright-related legislation and policy concerns. Before joining the Copyright Office, Ms. Charlesworth was in private practice, where she handled IP-related litigation and transactional matters. Prior to that, she served as Senior Vice President and General Counsel of the National Music Publishers’ Association and Senior Vice President and General Counsel of The Harry Fox Agency. Ms. Charlesworth received a B.A. from Brown University and a J.D. from Yale Law School, where she was an Executive Committee Editor of The Yale Law Journal and a founding member of the Yale Journal of Law & Feminism. Following law school, she clerked for Judge Miriam Goldman Cedarbaum of the U.S. District Court for the Southern District of New York and Judge Betty B. Fletcher of the U.S. Court of Appeals for the Ninth Circuit.

Peter Jaszi is a Professor Emeritus at American University Law School, who writes and lectures about copyright law in historical and cultural contexts. He was a founder of the school’s Glushko-Samuelson Intellectual Property Law Clinic and its Program on Intellectual Property and Information Justice. Having served as a Trustee of the Copyright Society of the U.S.A., Professor Jaszi remains a member of its journal’s editorial board. During 1993, Professor Jaszi served as a member of the Librarian of Congress’s Committee on Copyright Registration and Deposit, and from 1994 to 2000, he was a principle organizer of the Digital Future Coalition. Since 2005, he has been working with Prof. Patricia Aufderheide to help creative communities develop fair use guidance documents that reflect their particular problems and practices. A new edition of their book, Reclaiming Copyright, was published in 2018 by the University of Chicago Press. In 2007, Professor Jaszi received the American Library Association’s L. Ray Patterson Copyright Award.

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The Copyright Society provides a limited number of scholarships each year to judges, law clerks, professors, students, attorneys, and nonprofit organization employees. For information on how to apply, please click here.