Plain-English summary
Court allows some registration errors to be excused when plaintiffs lack fraudulent or knowing intent
In Unicolors v. H&M, the Court held that 17 U.S.C. §411(b)(1)(A) protects a copyright owner from having a registration invalidated where the inaccuracies arose from lack of factual or legal knowledge rather than fraud or deliberate error. The Ninth Circuit’s stricter rule was vacated and the case remanded.
Why this matters
The decision lowers a procedural barrier for copyright owners whose registrations contain honest mistakes. That affects how easily owners can sue for infringement without having their claims dismissed because of technical errors in registration forms. It clarifies when courts should excuse inaccuracies instead of treating them as fatal.
Who may feel it
- Copyright owners and artists who register works
- Businesses that are sued or sued for copyright infringement (publishers, retailers, designers)
- Copyright lawyers and courts deciding whether to allow infringement suits to proceed
- The U.S. Copyright Office and parties interacting with registration procedures
Key questions
- Whether 17 U.S.C. §411(b)(1)(A) requires courts to refer registrations to the Copyright Office where no evidence of fraud or material error exists (answered: No).