Unicolors, Inc. v. H&M Hennes & Mauritz, L.P. | Case No. 20-915 | Date Argued: 11/8/2021 | Date Decided: 2/24/2022

Question Presented: Did the Ninth Circuit err 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's registrability, but rather only good-faith mistakes in the registration application?

Holding: Section 411(b) does not distinguish between a mistake of law and a mistake of fact; lack of either factual or legal knowledge can excuse an inaccuracy in a copyright registration under §411(b)(1)(A)’s safe harbor.

Result: Judgment VACATED and case REMANDED.

Voting Breakdown: 6-1. Justice Breyer delivered the opinion of the Court, in which Chief Justice Roberts and Justices Sotomayor, Kagan, Kavanaugh and Barrett joined. Justice Thomas filed a dissenting opinion, in which Justice Alito joined and in which Justice Gorsuch joined except as to Part II.

Link to Opinion: Here.

Oral Advocates:

For Petitioner: E. Joshua Rosenkranz, New York, N.Y.; and Melissa N. Patterson, Assistant to the Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.) For Respondent: Peter K. Stris, Los Angeles, Cal.