Blonder Tongue v. University of Illinois
π 2026 Update: Changes in Copyright and Intellectual Property Law
Since the original article was published, there have been several important updates in copyright and intellectual property law. The U.S. Copyright Office has made new rules and amendments that affect how copyright registration works and how certain services are administered.
The earlier article continues further down the page to provide foundational knowledge on these topics.
π° New Definitions for News Websites
On August 13, 2026, the U.S. Copyright Office updated the Group Registration for Updates to a News Website program. This change clarifies that a "news website" can include sites reporting on various subjects as long as they focus on current events and update content often.
This is significant for those looking to register works that align with this definition.
π Proposals for Copyright Exemptions
On June 9, 2026, the Copyright Office announced a notice of inquiry about possible exemptions to the ban on bypassing access controls on copyrighted works. This could open new avenues for users who need to access certain materials for educational or other purposes, depending on the outcomes of public input.
π Updates to Licensing Collective
On June 3, 2026, the Copyright Office confirmed the ongoing designation of the Mechanical Licensing Collective and Digital Licensee Coordinator. This is part of a periodic review process and ensures that licensing practices for music and digital works continue to evolve.
π» Streamlined Registration Process
On May 28, 2026, the Copyright Office proposed amendments aimed at improving the administration of the GRNW program. This move is intended to make the registration process simpler for copyright owners, which can be crucial for timely protection of their works.
π Key Points to Remember
- π° New definition for news websites includes a broader range of sites.
- π Inquiry into exemptions for access controls invites public feedback.
- π Ongoing designation for licensing collective supports music and digital works.
- π» Proposed changes aim to simplify registration for copyright owners.
π‘ Tips for Understanding Copyright Registration
Consider discussing your specific situation with your attorney.
π Understand What Needs Registration
Not all works automatically gain copyright protection. Original works must be fixed in a tangible medium, and registration is necessary for legal action against infringement.
π Keep Track of Deadlines
There are no strict deadlines for registering a work, but registration is essential for enforcing rights in court. For certain types of works, registration should occur within three months of publication to secure additional legal benefits.
πΈ Know the Costs
Filing fees vary based on the registration method. Electronic filing is generally cheaper, with fees starting at $45 for a single author work. Understanding these costs can help in budgeting for registration.
π Use Available Resources
The U.S. Copyright Office provides free resources, including FAQs and tutorials. Nonprofit organizations may also offer low-cost legal assistance, which can be beneficial for those seeking help with copyright issues.
π₯οΈ Choose the Right Registration Method
Decide between online and paper registration based on your needs. Online registration typically processes faster, averaging 2.5 months for claims without correspondence.
π Copyright Services Ranked by User Reviews (2026)
This section highlights services relevant to copyright and intellectual property law based on user reviews. The rankings rely on Trustpilot data from October 2026, which reflects customer experiences. Ratings can vary over time, and higher scores do not always mean better service, as unhappy customers often leave reviews.
π₯ 1. Rocket Lawyer
Rocket Lawyer has been rated 4.5 by 9,848 reviewers. It is known for providing online legal document creation and legal advice subscriptions, along with intellectual property services. However, some users find the subscription model may not fit all needs, and navigation on the platform can be complex.
π₯ 2. LegalShield
LegalShield holds a score of 4.4. It offers legal subscription services and a network of law firms for affordable legal assistance. Users have reported challenges in reaching assigned attorneys and occasional delays in callbacks, which may affect service efficiency.
π₯ 3. LegalZoom
LegalZoom has an average rating of 4.6. It is recognized for its online legal document preparation and business formation services, including intellectual property registration. While many users appreciate its offerings, some have experienced delays in processing times and customer support issues.
π Free Government Resources
The U.S. Copyright Office offers free resources such as FAQs, circulars, and online tutorials to assist users with copyright matters. Additionally, some legal aid organizations provide free or low-cost services for those needing help with copyright issues.
π Choosing the Right Service
- βοΈ Compare user ratings and reviews.
- π° Assess the costs associated with each service.
- π Check for available resources and support options.
- π Look for flexibility in service offerings and contract terms.
β Frequently Asked Questions
β What is the average processing time for copyright registration?
The average processing time for copyright registration is about 2.5 months. Claims without correspondence can take approximately 1.9 months, while claims requiring correspondence average 3.7 months.
π Is there a deadline to register a copyright?
There is no specific deadline for registering a copyright. However, registration must occur before filing a lawsuit for infringement in U.S. courts.
π‘ What are the eligibility requirements for copyright registration?
To be eligible for copyright registration, works must be original and fixed in a tangible medium. The author should be a U.S. citizen or have a qualifying connection to the U.S.
ποΈ How much does it cost to register a copyright?
For electronic filing, costs start at $45 for a single author work. Paper filings are higher, with standard applications costing $125.
π Can I register a work created for hire?
Yes, works created for hire can be registered. However, registration must occur within three months of publication to qualify for statutory damages and attorney's fees.
π Where can I find additional resources on copyright?
The U.S. Copyright Office provides various resources, including FAQs and online tutorials. Users can also seek assistance from nonprofit organizations that offer legal support.
βοΈ Recent Cases Related to Copyright
Recent court rulings have addressed various copyright issues, reflecting ongoing developments in intellectual property law. These cases provide insights into how copyright regulations are applied in real-world situations.
- Texas Court dismisses social workers' licensing challengeTexas Court of Appeals, 15th District Β· June 4, 2026
- Court upholds decision against Cody McCarroll in licensing caseDistrict Court of Appeal of Florida Β· June 24, 2026
- Florida court dismisses appeal in licensing board caseDistrict Court of Appeal of Florida Β· August 6, 2020
- Court Denies Petition in Home Improvement Licensing CaseDistrict Court of Appeal of Florida Β· October 15, 2021
For updates, browse more rulings on the news page.
End of October 2026 Update
In Blonder-Tongue v. University of Illinois from 1971, the court ruled that a plaintiff who loses a civil trial because their patent was ruled invalid cannot continue to bring the same charges against a different defendant even if the defendants are in no way associated. The court made this ruling despite the Triplett v. Lowell case in which the plaintiff continued to name new defendants after losing battles in court.
Case Description
Dwight Isbell from the University of Illinois Foundation created and patented Frequency Independent Unidirectional Antennas. Other entities would go on to create and use similar antennas. In court proceedings, it was ruled that the Foundation's patent on the antennas was invalid because any entity that was familiar with antennas was bound to discover the same antennas as the Foundation, the plaintiff. The plaintiff continued to file claims against defendants despite losing.
Triplett v. Lowell allowed for a plaintiff to name new defendants that were not related to each other. Blonder-Tongue, a defendant, claimed the case should not go to trial because it was already decided that the patent held by the plaintiff was invalid. The defendant believed since there was no patent ownership the case was already decided and more cases on the same topic were a waste of time.
Ruling
The court ruled to go against the Triplett decision and accept collateral estoppel as a defense. The court agreed that continuing to name defendants in hopes of finally winning a case was a waste of the court’s and defendant’s time. Since the matter had already been adjudged there would be no need to go on with another case, which is referred to as res judicata. If the defendant chose to go on with the court proceedings, that would have been permitted.
All parties are permitted to "have their day in court". If a plaintiff can prove they were not given a fair chance in the first trial to present evidence which led to the losing the case, they may present an argument to go on with a future case regarding the same issue but against a different defendant.
This case put an end to patent ownership trials that have already been decided, yet the plaintiff has decided to keep filing the same hopeless charges against different defendants. United States courts are extremely busy and cannot be subjected to frustrated plaintiffs who continue to name new defendants in patent cases. If a plaintiff has their patent ruled invalid, that decision will carry over to the next case unless they can prove their patent was unjustly ruled invalid.
If you need legal advice and assistance, contact Illinois lawyers.