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To embed, copy and paste the code into your website or blog: On June 1, 2021, the Supreme Court granted certiorari on the question of whether Section 411(b) of the Copyright Act is intended to be a “fraud” statute that requires scienter for cancellation of a copyright registration. See Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., No. 20-915. In 2008, Congress amended the Copyright Act to acknowledge the validity of copyright registrations that were based on applications with ministerial, nonmaterial errors. See 17 U.S.C. Section 411(a). However, this “safe harbor” is tempered by Section 411(b), which leaves vulnerable to cancellation registrations that contain errors that would have been material to the Copyright Office’s decision to grant registration if the inaccuracy was known to the applicant. The statute also directs a court to request that the Register of Copyrights advise the court whether the inaccurate information, if known, would have caused the Register o

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