This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
Petitioner’s counsel, Charles S. Sims, argues that the Second Circuit wrongly vacated a settlement agreement because it lacked jurisdiction.
Amicus Ginger Anders argues that Section 411(a)’s registration requirement is not jurisdictional, but it should not be fully waivable.
According to Ms. Jones Merritt, amicus Ms. Jones Merritt contends that registration is a jurisdictional element that lets copyright owners bring actions at any time.
The Court issued an injunction that covered future works within the same judicial controversy.
The works at issue were primarily already in the possession of the Library of Congress.
Background and question before the Court
Justice Scalia asked whether Congress intended the registration requirement to let a party that had not gone to the Copyright Office seek dismissal on jurisdictional grounds, and whether a non‑jurisdictional basis would lead to a merits dismissal.
Justice Kennedy asked whether a claim could be revived after the statute of limitations had run.
Justice Ginsburg asked if the district court should have dismissed the case at the outset.
According to Justice Ginsburg, justice Ginsburg also questioned whether most copyrights are unregistered.
What each side argues
Petitioner (Reed Elsevier, Inc.)
According to Charles S. Sims, petitioner argues that the Second Circuit’s decision vacating the settlement agreement was erroneous because the court lacked jurisdiction.
Respondent (Irvin Muchnick)
Source-limited. The record does not yet support a complete account.
What happened at oral argument
Petitioner’s counsel, Charles S. Sims, argued that the Second Circuit wrongly vacated the settlement because it lacked jurisdiction.
Amicus Ginger Anders contended that Section 411(a)’s registration requirement is not jurisdictional but should not be fully waived.
According to Ms. Jones Merritt, amicus Ms. Jones Merritt explained that registration is a jurisdictional element that allows copyright owners to bring actions at any time.
Justice Scalia asked whether Congress intended the registration requirement to enable dismissal on jurisdictional grounds and whether a non‑jurisdictional basis would lead to a merits dismissal.
Justice Kennedy asked whether a claim could be revived after the statute of limitations had run.
According to Justice Ginsburg, justice Ginsburg questioned whether the district court should have dismissed the case at the outset.
Justice Ginsburg also asked whether most copyrights are unregistered.
The Court issued an injunction that covered future works within the same judicial controversy.
- [1] 848b84cf3fd1d9bd01e5-r1-31f6db06449527cc.pdf, p. 3
- [2] 848b84cf3fd1d9bd01e5-r1-31f6db06449527cc.pdf, p. 19
- [3] 848b84cf3fd1d9bd01e5-r1-31f6db06449527cc.pdf, p. 38
- [4] 848b84cf3fd1d9bd01e5-r1-31f6db06449527cc.pdf, p. 7
- [5] 848b84cf3fd1d9bd01e5-r1-31f6db06449527cc.pdf, p. 9
- [6] 848b84cf3fd1d9bd01e5-r1-31f6db06449527cc.pdf, p. 20
- [7] 848b84cf3fd1d9bd01e5-r1-31f6db06449527cc.pdf, p. 38
- [8] 848b84cf3fd1d9bd01e5-r1-31f6db06449527cc.pdf, p. 44
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 848b84cf3fd1d9bd01e5-r1-31f6db06449527cc.pdforal argument transcript
Guide generated September 23, 2026. Automated validation accepted this version.