Copyright Registration is “Precondition” to Filing a Claim—But is NOT “Jurisdictional”

A statutory condition requiring a party to take some action before filing a lawsuit is not automatically “a jurisdictional prerequisite to suit.”

Rather, the jurisdictional analysis must focus on the “legal character” of the precondition, which is discerned by looking to the condition’s text, context, and relevant historical treatment.

Twitter and Fair Use

In today’s networked world, one should expect that Twitter broadcasts are not copyright protected for a number of possible reasons: (a) lack of original expression, (b) the content is social commentary, (c) the content lacks inherent value, or (d) licensing restrictions.