Case Citator › Positive Black Talk, Inc. v. Cash Money Records, Inc.

Positive Black Talk, Inc. v. Cash Money Records, Inc.

Is it still good law? What later courts have actually done to this case.

Abrogated
Court
Fifth Circuit
Citation
394 F.3d 357
Decided
Confirmed treatments
1
Flagged citations read
39 of 39
Citing cases (total)
39
Treatment dates
2010
Abrogated
A reviewed court treats this case as abrogated by later authority. The Supreme Court rejected Positive Black Talk, Inc. v. Cash Money Records, Inc.'s holding that the copyright registration requirement limits a federal court's jurisdiction. Reed Elsevier, Inc. v. Muchnick held that registration is a condition for filing a copyright infringement claim, but does not restrict subject matter jurisdiction.
More on how this was screened

Later courts continue to cite Positive Black Talk's separate rules on copying, substantial similarity, and attorney's fees. All 39 flagged citations have been read; the confirmed treatment is listed below.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

39 later cases cite Positive Black Talk, Inc. v. Cash Money Records, Inc.; 39 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Positive Black Talk, Inc. v. Cash Money Records, Inc.?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Abrogated

  • The Supreme Court displaced Positive Black Talk's characterization of copyright registration as a jurisdictional prerequisite to an infringement suit.

    Reed Elsevier, Inc. v. Muchnick · Supreme Court of the United States · filed

    Section 411(a)’s registration requirement is a precondition to filing a claim that does not restrict a federal court’s subject-matter jurisdiction.
    Read the full opinion on CourtListener →

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