In Torres-Negrón v. J & N Records, L.L.C., the First Circuit determined two issues: whether the plaintiff composer’s submission of a tape recording of himself singing his song and clapping its rhythm by memory, without reference to his original work, met the deposit copy requirement of 17 U.S.C. § 408(b); and whether the failure to submit a deposit copy is a jurisdictional defect in a federal copyright infringement case. Affirming a decision of the United States District Court for the District of Puerto Rico, the First Circuit found that plaintiff’s copyright application was incomplete because it included only a reconstruction of the song, and not a bona fide copy. The court deemed this a material defect and thus denied federal subject matter jurisdiction.
Torres-Negrón v. J & N Records, L.L.C.
Stanford Center for Internet and Society
In the heart of the Silicon Valley, legal doctrine is emerging that will determine the course of civil rights and technological innovation for decades to come. The Center for Internet and Society (CIS), housed at Stanford Law School and a part of the Law, Science and Technology Program, is at the apex of this evolving area of law.
deposit copy
Submission of a Reconstruction as Deposit Copy Invalidates Copyright Registration and Nullifies Federal Subject Matter Jurisdict
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