Pennock v. Dialogue
π 2026 Update: Changes in Copyright Law and Registration
Since the original article was written, several important updates have occurred in U.S. copyright law and registration processes. These changes affect how individuals and organizations protect their creative works. The details below highlight these changes, while the earlier article continues further down the page.
π New Rules for News Websites
On August 13, 2026, the U.S. Copyright Office published a final rule that clarified the definition of a "news website." This update allows more sites that report on various subjects and frequently update content to register under the Group Registration for Updates to a News Website (GRNW) program. This change can benefit more creators in the digital news space.
π£ Exemptions Inquiry
On June 9, 2026, the Copyright Office issued a notice inviting public input on exemptions to the prohibition against circumvention of access controls on copyrighted works. This inquiry seeks to address concerns about fairness in accessing copyrighted materials, especially in the digital age.
π Updates on Mechanical Licensing
On June 3, 2026, the Copyright Office announced a continuing designation for the Mechanical Licensing Collective and Digital Licensee Coordinator. This designation is part of ongoing reviews, ensuring that music licensing processes keep pace with changes in the industry.
π² Current Fees for Registration
The fees for copyright registration have been updated. As of now, electronic filing fees for a single work start at $45, while a standard application costs $65. Group registration for news websites is $95 electronically, with paper filings costing $125 for standard applications and group registrations.
π Processing Times
The average processing time for copyright claims is currently 2.5 months. Claims without correspondence are processed in 1.9 months, while those with correspondence take about 3.7 months. For mail claims, the processing time can be longer, taking up to 6.7 months.
π Key Points Summary
- New rules for news websites broaden registration eligibility.
- The Copyright Office seeks public input on access control exemptions.
- Mechanical Licensing Collective continues its designated role.
- Updated registration fees for electronic and paper filings.
- Average processing times remain around 2.5 months.
π‘ Tips for Navigating Copyright Registration
Review the details of your specific situation with your attorney for the best course of action.
π Understand Registration Types
There are different types of copyright registration available, including electronic and paper filing. The electronic system is generally faster and less expensive.
β³ Know the Importance of Timing
Registration is necessary to pursue legal action for infringement. For certain works, registering within three months of publication can secure additional benefits, such as statutory damages.
π Utilize Available Resources
The U.S. Copyright Office provides FAQs, circulars, and online tutorials to help individuals understand the registration process. These free resources can clarify many common questions.
π Keep Track of Processing Times
Be aware of the average processing times for claims. If you submit a claim with correspondence, expect it to take longer than claims without correspondence.
π Consider the Updates
Stay informed about changes in copyright law and registration processes. Updates, such as those regarding news websites or mechanical licensing, can impact your work and how you protect it.
π Top Services for Copyright and Intellectual Property (Ranked by User Reviews 2026)
This section highlights services that provide assistance with copyright and intellectual property matters. These services are based on Trustpilot data checked in October 2026. Ratings can change over time, and it's important to note that unhappy customers tend to leave more reviews, which can affect overall scores.
π₯ 1. Rocket Lawyer
Rocket Lawyer has been rated 4.5. Known for its online legal document creation, it also offers legal advice subscriptions and intellectual property services. Reviewers give it high marks for its user-friendly online tools.
However, some users mention that the subscription model may not suit everyone and that the platform can be complex to navigate.
π₯ 2. LegalZoom
LegalZoom holds a rating of 4.6. It is recognized for its online legal document preparation, business formation services, and intellectual property registration. Many users appreciate the comprehensive nature of its services.
However, some have reported delays in processing times and issues with customer support responsiveness.
π₯ 3. LegalShield
LegalShield averages 4.4. It is known for offering legal subscription services and access to a network of law firms. Users appreciate the affordability of its services.
However, some reviewers have reported difficulties in reaching their assigned attorneys and occasional slow callback times, which can impact the overall experience.
π Free Government and Nonprofit Help
The U.S. Copyright Office provides free resources, including FAQs, circulars, and online tutorials. Additionally, some nonprofit organizations offer free or low-cost legal assistance regarding copyright matters, making it easier for individuals to understand and navigate copyright issues.
π Factors to Compare When Choosing Services
- π Types of services offered
- π² Cost of registration and additional fees
- β³ Average processing times
- π Availability of user support and resources
- π User reviews and overall satisfaction
β Frequently Asked Questions
β What is the purpose of copyright registration?
Copyright registration provides legal recognition of ownership for original works. It is essential for enforcing rights against unauthorized use.
π What is the benefit of registering a work promptly?
Registering a work within three months of publication allows the creator to seek statutory damages and attorney's fees in case of infringement.
π How long does it take to register a copyright?
The average processing time for copyright claims is about 2.5 months. Claims without correspondence generally take 1.9 months, while those with correspondence take longer.
π What types of works are eligible for copyright protection?
Works must be original and fixed in a tangible medium of expression. However, works created by U.S. government employees in their official capacity are not eligible.
π£ Are there any ongoing inquiries from the Copyright Office?
Yes, the Copyright Office has issued a notice of inquiry regarding potential exemptions to the prohibition against circumvention of access controls on copyrighted works.
π Can state laws affect copyright matters?
While federal law primarily governs copyright, individual states can still address specific issues like unfixed works and rights of publicity, especially in the context of digital content.
βοΈ Recent Cases Related to Copyright
Recent court rulings have continued to shape the landscape of copyright law in the U.S. These cases highlight important legal principles regarding copyright registration and infringement.
- Court affirms dismissal of patent case against VolkswagenCourt of Appeals for the Federal Circuit Β· August 19, 2026
- Fourth Circuit Rules on Gilead's Trademark Case Against ImportersCourt of Appeals for the Fourth Circuit Β· August 13, 2026
- Oregon Court Rules on Short-Term Rental Licensing DisputeCourt of Appeals of Oregon Β· August 12, 2026
- Court Denies En Banc Review in Design Patent CaseCourt of Appeals for the Federal Circuit Β· August 11, 2026
For more insights, feel free to browse more rulings on the news page.
End of October 2026 Update
In the
Pennock v. Dialogue case from 1829, Pennock (the plaintiff) was seeking a
patent for improvements for making hoses he created but which were already
being used by the public. The court ruled in favor of the defendant on the
issue of patenting items already in the public's possession. The case was heard
in the Circuit Court for the Eastern District of Pennsylvania.
Case Description
Pennock and Sellers created a new method for producing
hoses to transport air, water and other fluids. They did not patent their new
method when it was created in 1811. The public soon got hold of the new method
for the improved art of making hoses and 13,000 feet of hose had been
constructed in houses in Philadelphia. Samuel Jenkins claimed to have an
agreement with the plaintiffs to sell and supply hoses to hose companies in
Philadelphia.
Once the
hose companies began producing hoses using the plaintiff's method the invention
was in the possession of the public and were subject to public use. The
plaintiff made no claim that from 1811 to the time they were ready to apply for
an invention patent that they were improving their hose-making method. The
plaintiffs did not claim to try and hide the new method of making hoses from
the public.
Ruling
The jury in this case ruled once an inventor
willfully gives up their exclusive rights after an invention is created and a
patent is not obtained, they cannot regain any rights once the public is in
possession of those rights. An invention that is in the public domain cannot be
taken out of that domain. Once an invention is legally open for public use it
cannot be taken away because that would disrupt any growth or room for
improvement within that invention.
If the plaintiffs had successfully obtained
an invention patent for their improvement to hose production they would have
had a valid claim against those profiting off of their improved hose production
method.
This case showed the importance of obtaining a patent.
Inventing something and being recognized as the creator does not offer enough
protection and rights to assure that the inventor will be the main person
profiting off of their invention. If the public gets hold of the knowledge or a
method for improvement before a patent is acquired, a patent request will be
denied because the invention is a part of public domain.