High Court H&M Ruling Empowers DIY Copyright ApplicantsHigh Court H&M Ruling Empowers DIY Copyright Applicants

High Court H&M Ruling Empowers DIY Copyright Applicants

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By Michael Jacobs and Benjamin Fox (February 28, 2022, 4:41 PM EST) — In a case that tested the standards for invalidating copyrights based on errors in a copyright application, the U.S. Supreme Court held on Jan. 24 in Unicolors Inc. v. H&M Hennes & Mauritz LP that an applicant’s lack of knowledge of the facts or the law can excuse errors in a registration.

For artists and content creators, the ruling reaffirms the benefits of registering copyrights — where doing so promptly may be better than doing so perfectly.

Copyright practitioners have long known the importance of timely and correct registrations. The Copyright Act grants owners a presumption of validity of their copyright for works registered…

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