KNOWLEDGE

Unicolors, Inc. v. H&M Hennes & Mauritz, L.P.

Issues

Must copyright registration applications containing inaccuracies be referred to the Copyright Office when those inaccuracies show no indicia of fraud or material error related to the work at issue under the Copyright Act?

This case asks the Supreme Court to determine the precise meaning of the “knowledge” standard in the Copyright Act. Section 411 of the Copyright Act provides that a copyright registration is inadequate when it includes information that was included with “knowledge that it was inaccurate.” Petitioner Unicolors, Inc. (“Unicolors”) argues that Section 411’s “knowledge” requirement excludes mistakes that are made in good faith and without fraudulent intent. Respondent H&M (“H&M”) counters that the plain meaning of the word “knowledge” indicates that so long as a copyright registrant is aware of the inaccuracy of the information, it is immaterial whether they intended to defraud. This case has significant implications for principles of statutory interpretation, copyright law, and the direction of future copyright infringement litigation.

Questions as Framed for the Court by the Parties

Whether the U.S. Court of Appeals for the Ninth Circuit erred in breaking with its own prior precedent and the findings of other circuits and the Copyright Office in holding that 17 U.S.C. § 411 requires referral to the Copyright Office where there is no indicia of fraud or material error as to the work at issue in the subject copyright registration.

Unicolors creates and copyrights artwork that it eventually prints and markets to garment manufacturers. Unicolors, Inc. v. H&M Hennes & Mauritz, L.P. at 1196. Unicolors markets some of its designs to the general public by placing them in a public showroom.

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