Supreme Court Decision On Copyright Registration Requirement

In a unanimous decision authored by Justice Ruth Bader Ginsburg, the Supreme Court held that a lawsuit may not be brought for copyright infringement until the U.S. Copyright Office has acted – either granting or refusing an application for registration.  As this blog noted last year, there was a circuit split as to whether a plaintiff could sue once the application was filed.  The courts that held that filing an application was sufficient reasoned that the plaintiff would ultimately be entitled to sue after the Copyright Office weighed in, no matter the decision, so there was no reason to wait.  The Supreme Court disagreed, holding that the registration requirement means what it says and that a registration must be granted or refused by the Copyright Office before a lawsuit may be brought.

As we have previously suggested, the Court’s decision will likely make bringing an infringement suit more difficult because applicants will have to wait for the Copyright Office to respond to their application, a process that could take nine months or more.  Alternatively, potential copyright owners who want to sue might feel the need to register their works immediately through the Copyright Office’s five-day expedited process, which costs $800, and could get prohibitively expensive when registering multiple works.

Due to this long wait time, we generally encourage potential owners of copyrighted works to register their works promptly to ensure that they hold a copyright in the event an infringement does occur.  The relatively small copyright registration fee of $55 allows for copyright owners to register more works and the availability of generous statutory damages and attorneys fees awards also incentivizes the registration of works before infringement begins.  Read Supreme Court decision here: Copyright registration decision

The Laws of Style – Episode 9 – John Bartlett

On this episode of The Laws of Style, Fashion Lawyer Douglas Hand is joined by John Bartlett. John is  a NYC based CFDA award-winning fashion designer, vegan, animal lover/activist, yoga devotee, gay rights enthusiast and good midwestern boy! On the episode they discuss the current state of unisex fashion, the continual relevance of preppy style and the wisdom of never selling your trademark what it happens to also be your name  We hope you’ll tune in, listen and watch this latest episode of The Laws of Style.


The Medium Rules Episode 10: The Amazing Journey – Christiane Lemieux, Reimagining Home Design in a Digitally Native World

“It’s interior ‘design.’  It’s not called interior ‘great chair.'” – Christiane Lemieux

On this episode of The Medium Rules, host Alan Baldachin sits down with Christiane Lemieux, founder and CEO of The Inside, the direct-to-consumer home furnishings brand focused on made-to-order, customizable, affordable furniture with a high design, contemporary aesthetic.  Prior to starting The Inside, Christiane founded the extremely popular home furnishings/lifestyle brand Dwell Studios, sold to Wayfair in 2013. READ MORE

The Laws of Style – Episode 6 – E2

“You have to have a real point of view, something that is distinctively different than what else is out there.” – Eric Jennings

On this episode of The Laws of Style, Fashion Lawyer Douglas Hand sits down with fashion industry veterans Eric Jennings (“EJ”) and Erik Ulin of E2 Consulting, a brand management firm that works with brands to establish and sustain success in the fashion industry. READ MORE

The Medium Rules Episode 9: Security Tokens Explained, with Atomic Capital

What exactly is a security token?  How is it expressed on the blockchain?  How is it traded?  Why is a security token better than an electronic share?  What are the downsides?  And, beyond all that, what are the limits of tokenization?  And what are the political and philosophical implications? 

On this episode of The Medium Rules, Alan is joined in the HBA podcast studio by Alex Blum and Peter Lyons, respectively the CEO and CIO of the NYS-based security token platform, Atomic Capital.  Atomic Capital is split up into three lines of business – advisory, broker-dealer, and investment bank/capital raising.  In this episode of The Medium Rules, Alan and his guests walk through the basics of security tokens, i.e., what are they, how are they sold and how are they traded? 


The Medium Rules Episode 8: Innovators, Disruptors and Rewriters – Leonard Brody, Co-Founder of Creative Labs and Host of The Great Rewrite

How can we define and identify seismic-grade disruption? Is this recognizable contemporaneously, or only with the benefit of hindsight? And if there is some kind of taxonomy of disruption, some kind of map or workflow template we can apply, can we convert these insights into actionable mandates across both investing, startups and organizational behavior generally?

On this episode of The Medium Rules, Alan is joined in the HBA podcast studio by Leonard Brody, an award-winning entrepreneur, venture capitalist, public speaker and best-selling author. Len is currently the co-founder and Executive Chairman of Creative Labs, a joint venture with the Creative Artists’ Agency, where Len oversees the building of new ventures for some of the most well-known celebrities, athletes and political leaders globally. In addition, Len is authoring a new book in partnership with Forbes entitled “The Great Re-Write” based on the successful documentary series (4 million views) of the same name which Len produced in partnership with Forbes. Len is also a highly-sought after public speaker, lecturing at institutions such as the G8 and The United Nations. We hope you enjoy this thoroughly entertaining, lively and very warm conversation covering some of the “big” questions in tech.



The Laws of Style – Episode 5 – Jack Carlson

“When we come out with a new product, the drop is covered in Town & Country and on Highsnobiety in the same week, and that’s exactly how we want it.”  – Jack Carlson, Founder & Creative Director, Rowing Blazers

On this episode of The Laws of Style, Fashion Lawyer Douglas Hand sits down with designer, archaeologist, and US Team rower Jack Carlson, the Renaissance man behind the exciting new label, Rowing Blazers. Jack and Douglas discuss Jack’s experience as a Bronze Medal winning U.S. Men’s National rower, obtaining a doctorate in archaeology from Oxford University, and how these experiences have inspired his design.

Jack also provides a glance into his day-to-day at Rowing Blazers, discusses how he’s been able to tap into both the traditional menswear and streetwear markets, details upcoming Rowing Blazer’s collabarations, and much more.

Jacket – Rowing Blazers Gun Club Tweed
Shirt – Rowing Blazers Handmade 12 Gauge England-Wales 1923 Rugby
Pants – Vintage Ralph Lauren chinos
Shoes – White Adidas Superstar
Watch – Vintage 1971 Seiko


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If you enjoyed the podcast, kindly like the video, subscribe to our channel on YouTube, and the audio podcasts on iTunes. To stay up to date on The Laws of Style and the industry insights it provides, follow Douglas on Instagram and Twitter at @HandoftheLaw, and Douglas’s firm, Hand Baldachin & Associates at @HBAlawoffices and @HBAfashion.

Until next time, stay stylish.

The Medium Rules Episode 7: The Microinfluencer Economy with Alia Ahmed-Yahia & James Bosworth

“It’s not about you, it’s about your audience.” – Alia Ahmed-Yahia

Microinfluencer and Co-Founder of Spyglass Collective Alia Ahmed-Yahia and partner Jamie Bosworth join Alan in the podcast studio to discuss the trend of microinfluencers, their ability to drive business through engagement, the future trends in social media influence, and much more. Join us for a compelling discussion and stay for Alan’s style advice. Alia might provide a few pointers as well!


The Medium Rules Episode 6: The Three Zeros – Self-Driving Cars with Oliver Mitchell of Autonomy Ventures

On this episode of The Medium Rules, host Alan Baldachin is joined in the HBA Podcast Studio by Oliver Mitchell, Founding Partner at Autonomy Ventures, to discuss all things automation. Alan asks “The Robot Rabbi” to predict the timeline in which fully autonomous vehicles will roam our streets, whether batteries are to blame for the seemingly “slow rise” of autonomous vehicles, what autonomy means for smart cities, and much more. You might be surprised by his answers! TO LISTEN TO THE PODCAST ON YOUR FAVORITE PLATFORM:READ MORE

The Medium Rules Episode 5: Tennis Tech with Walid Fattah, CEO & Co-Founder of Kourts, Inc.

On this episode of The Medium Rules, host Alan Baldachin speaks with Walid Fattah, the CEO and Co-founder of the tennis-court booking app, Kourts, Inc. Alan and Walid cover the Kourts platform and functionality, Kourts’ go-to-market vision and strategy and its approach to scaling its business, and in particular the unique challenges of disrupting in tennis.READ MORE