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US judge sidesteps split over fraud requirement for copyright challenges

By Melissa Ritti ( March 27, 2025, 17:56 GMT | Insight) -- Allegations that Trax Records and other defendants surreptitiously secured copyright protection for the musical works of dozens of plaintiffs do not pass muster under the heightened pleading standard of Rule 9(b) of the Federal Rules of Civil Procedure, a US judge ruled yesterday. He was able to reach his conclusion without deciding an issue which has divided courts around the country: whether invalidation under Section 411(b)(1) of the Copyright Act requires a showing of fraud. The US Supreme Court in 2020 agreed to hear a case which posed the question, but a post-grant change-of-framing by petitioner Unicolors Inc. left it unanswered.Allegations of fraud upon the US Copyright Office by Trax Records and others were dismissed yesterday following application of Rule 9(b) of the Federal Rules of Civil Procedure to the claim....

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