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SUPREME COURT OF THE UNITED STATES
_________________
No. 20–915
_________________
Unicolors, Inc., PETITIONER
v. H&M
Hennes & Mauritz, L. P.
on writ of certiorari to the united states
court of appeals for the ninth circuit
[February 24, 2022]
Justice Breyer delivered the opinion of the
Court.
A valid copyright registration provides a
copyright holder with important and sometimes necessary legal
advantages. It is, for example, a prerequisite for bringing a
“civil action for infringement” of the copyrighted work. 17
U. S. C. §411(a). Additionally, a plaintiff in an
infringement action normally cannot obtain an award of statutory
damages or attorney’s fees for infringement that occurred prior to
registration. §412.
To obtain registration, the author of a work
must submit to the Register of Copyrights a copy of the work and an
application. §§408, 409. The application must provide information
about the work. §409. Some of this information is purely factual,
but some of it incorporates legal conclusions.
Ibid. If the
Register determines that the work is copyrightable and meets other
statutory requirements, she will issue a certificate of
registration. §410(a). The information on this certificate reflects
the information that the copyright holder provided on the
application.
Ibid.
Naturally, the information provided on the
application for registration should be accurate. Nevertheless, the
Copyright Act provides a safe harbor. It says that a certificate of
registration is valid
“regardless of whether the certificate
contains any inaccurate information, unless—
“(A) the inaccurate information was included on
the application for copyright registration
with knowledge that
it was inaccurate; and
“(B) the inaccuracy of the information, if
known, would have caused the Register of Copyrights to refuse
registration.” §411(b)(1) (emphasis added).
The important point for our purposes is that a
certificate of registration is valid even though it contains
inaccurate information, as long as the copyright holder lacked
“knowledge that it was inaccurate.” §411(b)(1)(A).
The question before us concerns the scope of the
phrase “with knowledge that it was inaccurate.” The Court of
Appeals for the Ninth Circuit believed that a copyright holder
cannot benefit from the safe harbor and save its copyright
registration from invalidation if its lack of knowledge stems from
a failure to understand the law rather than a failure to understand
the facts. In our view, however, §411(b) does not distinguish
between a mistake of law and a mistake of fact. Lack of knowledge
of either fact or law can excuse an inaccuracy in a copyright
registration. We therefore vacate the Court of Appeals’ contrary
holding.
I
The petitioner here, Unicolors, owns
copyrights in various fabric designs. App. 50–51. It sued the
respondent, H&M Hennes & Mauritz, L.P. (H&M), for
copyright infringement. 959 F.3d 1194, 1195 (CA9 2020). The jury
found in Unicolors’ favor, but H&M asked the trial court to
grant it judgment as a matter of law.
Id., at 1196–1197.
H&M argued, among other things, that Unicolors’ registration
certificate was invalid (and that therefore Unicolors could not sue
for infringement) because it contained inaccurate information.
Id., at 1197–1198; see also §411(a). Specifically, H&M
argued that Unicolors’ registration certificate was inaccurate
because Unicolors had improperly filed a single application seeking
registration for 31 separate works. App. 91–92, 170–172. H&M
relied on a Copyright Office regulation, which provides that a
single registration can cover multiple works
only if those works
were “included in the same unit of publication.” Id., at 170
(emphasis added); 37 CFR §202.3(b)(4) (2020). H&M argued that
the 31 fabric designs covered by Unicolors’ single application (and
therefore single registration) had not been published as a single
unit of publication because Unicolors had initially made some of
the designs available for sale exclusively to certain customers,
while other designs were immediately available to the general
public. App. 170–171. Because the first statutory requirement
for invalidating Unicolors’ registration (a knowing inaccuracy) was
satisfied, H&M argued, the District Court should move to the
second requirement and ask the Register of Copyrights whether it
would have refused to register Unicolors’ copyright if it had been
aware of the inaccuracy.
Id., at 172–173; see also
§§411(b)(1)(B), (b)(2).
The District Court denied H&M’s motion.
Id., at 202. Among other things, it noted that “a
registration remains effective despite containing inaccurate
information” if the registrant included the inaccurate information
in the registration application without “knowledge that it was
inaccurate.”
Id., at 180–181 (internal quotation marks
omitted). Because Unicolors did not know that it had failed to
satisfy the “single unit of publication” requirement when it filed
its application, the purported inaccuracy could not invalidate the
registration.
Id., at 182.
The Ninth Circuit disagreed. It agreed with
H&M that Unicolors had failed to satisfy the “single unit of
publication” requirement (because it offered some of the 31 designs
exclusively to certain customers). 959 F. 3d, at 1198–1200.
But did Unicolors
know about this inaccuracy? In the Ninth
Circuit’s view, it did not matter whether Unicolors did or did not
know that it had failed to satisfy the “single unit of publication”
requirement.
Id., at 1200. That was because, in the Ninth
Circuit’s view, the statute excused only good-faith mistakes of
fact, not law.
Ibid. And Unicolors had known the relevant
facts, namely, that some of the 31 designs had initially been
reserved for certain customers.
Ibid.
Unicolors sought certiorari, asking us to review
the Ninth Circuit’s interpretation of §411(b)(1)(A). We granted the
petition.
II
A brief analogy may help explain the issue we
must decide. Suppose that John, seeing a flash of red in a tree,
says, “There is a cardinal.” But he is wrong. The bird is not a
cardinal; it is a scarlet tanager. John’s statement is inaccurate.
But what kind of mistake has John made?
John may have failed to see the bird’s black
wings. In that case, he has made a mistake about the brute facts.
Or John may have seen the bird perfectly well, noting all of its
relevant features, but, not being much of a birdwatcher, he may not
have known that a tanager (unlike a cardinal) has black wings. In
that case, John has made a labeling mistake. He saw the bird
correctly, but does not know how to label what he saw. Here,
Unicolors’ mistake is a mistake of labeling. But unlike John (who
might consult an ornithologist about the birds), Unicolors must
look to judges and lawyers as experts regarding the proper scope of
the label “single unit of publication.” The labeling problem here
is one of law. Does that difference matter here? Cf.
United
States v.
Fifty-Three (53) Eclectus Parrots, 685 F.2d
1131, 1137 (CA9 1982). We think it does not.
Our reasons are straightforward. For one thing,
we follow the text of the statute. See
Hardt v.
Reliance
Standard Life Ins. Co.,
560 U.S.
242, 251 (2010). Section 411(b)(1) says that Unicolors’
registration is valid “regardless of whether the [registration]
certificate contains any inaccurate information, unless
. . . the inaccurate information was included on the
application for copyright registration with knowledge that it was
inaccurate.” Both case law and the dictionary tell us that
“knowledge” has historically “meant and still means ‘the fact or
condition of being aware of something.’ ”
Intel Corp.
Investment Policy Comm. v.
Sulyma, 589 U. S. ___,
___ (2020) (slip op., at 6) (quoting Webster’s Seventh New
Collegiate Dictionary 469 (1967)); see also Black’s Law Dictionary
888 (8th ed. 2004); New Oxford American Dictionary 938
(def. 2) (2d ed. 2005); Webster’s New College Dictionary 625
(3d ed. 2008).
Unicolors says that, when it submitted its
registration application, it was not aware (as the Ninth Circuit
would later hold) that the 31 designs it was registering together
did not satisfy the “single unit of publication” requirement. If
Unicolors was not aware of the legal requirement that rendered the
information in its application inaccurate, it did not include that
information in its application “
with knowledge that it was
inaccurate.” §411(b)(1)(A) (emphasis added). Nothing in the
statutory language suggests that this straightforward conclusion
should be any different simply because there was a mistake of law
as opposed to a mistake of fact.
To the contrary, nearby statutory provisions
help confirm that here “knowledge” refers to knowledge of the law
as well as the facts. Registration applications call for
information that requires both legal and factual knowledge. See,
e.g., §409(4) (whether a work was made “for hire”); §409(8)
(when and where the work was “published”); §409(9) (whether the
work is “a compilation or derivative work”). Inaccurate information
in a registration is therefore equally (or more) likely to arise
from a mistake of law as a mistake of fact. That is especially true
because applicants include novelists, poets, painters, designers,
and others without legal training. Nothing in the statutory
language suggests that Congress wanted to forgive those applicants’
factual but not their (often esoteric) legal mistakes.
Other provisions of the Copyright Act confirm
that, in this context, the word “knowledge” means actual,
subjective awareness of both the facts and the law. Those
provisions suggest that if Congress had intended to impose a
scienter standard other than actual knowledge, it would have said
so explicitly. See,
e.g., §121A(a) (safe harbor for entities
that “did not know or have reasonable grounds to know” that
exported works would be used by ineligible persons); §512(c)(1)(A)
(safe harbor for internet service providers who are not actually
aware of infringing activities on their systems and are “not aware
of facts or circumstances from which infringing activity is
apparent”); §901(a)(8) (“ ‘notice of protection’ ”
requires “actual knowledge . . . or reasonable grounds to
believe” that a “work is protected”); §1202(b) (civil remedies for
certain acts performed by a person who knows or has “reasonable
grounds to know” that he or she was facilitating infringement);
§1401(c)(6)(C)(ii) (for purposes of paragraph regarding the
“[u]nauthorized use of pre-1972 sound recordings,” “knowing”
includes one who “has actual knowledge,” “acts in deliberate
ignorance of the truth or falsity of the information,” or “acts in
grossly negligent disregard of the truth or falsity of the
information”). The absence of similar language in the statutory
provision before us tends to confirm our conclusion that Congress
intended “knowledge” here to bear its ordinary meaning. See
Nken v.
Holder,
556 U.S.
418, 430 (2009).
For another thing, cases decided before Congress
enacted §411(b) “overwhelming[ly held] that inadvertent mistakes on
registration certificates [did] not invalidate a copyright and thus
[did] not bar infringement actions.”
Urantia Foundation v.
Maaherra,
114 F.3d 955, 963 (CA9 1997). Many of those cases involved
mistakes of law. See,
e.g.,
id., at 961, 963;
Billy-Bob Teeth, Inc. v.
Novelty, Inc.,
329 F.3d 586, 591 (CA7 2003);
Advisers, Inc. v.
Wiesen-Hart, Inc., 238 F.2d 706, 707–708 (CA6 1956)
(
per curiam). We can find no indication that Congress
intended to alter this well-established rule when it enacted
§411(b). See
Davis v.
Michigan Dept. of Treasury,
489 U.S.
803, 813 (1989) (“When Congress codifies a judicially defined
concept, it is presumed, absent an express statement to the
contrary, that Congress intended to adopt the interpretation placed
on that concept by the courts”); see also
Kirtsaeng v.
John Wiley & Sons, Inc.,
568 U.S.
519, 538 (2013) (similar).Further, those who consider
legislative history will find that history persuasive here. It
indicates that Congress enacted §411(b) to make it easier, not more
difficult, for nonlawyers to obtain valid copyright registrations.
The House Report states that its purpose was to “improve
intellectual property enforcement in the United States and abroad.”
H. R. Rep. No. 110–617, p. 20 (2008). It did so in part by
“eliminating loopholes that might prevent enforcement of otherwise
validly registered copyrights.”
Ibid. The Report
specifically notes that some defendants in copyright infringement
cases had “argued . . . that a mistake in the
registration documents, such as checking the wrong box on the
registration form, renders a registration invalid and thus
forecloses the availability of statutory damages.”
Id.,
at 24. Congress intended to deny infringers the ability to
“exploi[t] this potential loophole.”
Ibid. Of course, an
applicant for a copyright registration—especially one who is not a
lawyer—might check the wrong box on the registration documents as a
result of a legal, as well as a factual, error. Given this history,
it would make no sense if §411(b) left copyright registrations
exposed to invalidation based on applicants’ good-faith
misunderstandings of the details of copyright law.
III
H&M argues that our interpretation of the
statute will make it too easy for copyright holders, by claiming
lack of knowledge, to avoid the consequences of an inaccurate
application. But courts need not automatically accept a copyright
holder’s claim that it was unaware of the relevant legal
requirements of copyright law. We have recognized in civil cases
that willful blindness may support a finding of actual knowledge.
Intel Corp., 589 U. S., at ___–___ (slip op.,
at 11–12). Circumstantial evidence, including the significance
of the legal error, the complexity of the relevant rule, the
applicant’s experience with copyright law, and other such matters,
may also lead a court to find that an applicant was actually aware
of, or willfully blind to, legally inaccurate information. See
id., at ___ (slip op., at 11).
H&M also argues that our interpretation is
foreclosed by the legal maxim that “ignorance of the law is no
excuse.” See Brief for Respondent 41–43. This maxim “normally
applies where a defendant has the requisite mental state in respect
to the elements of [a] crime but claims to be unaware of the
existence of a statute proscribing his conduct.”
Rehaif v.
United States, 588 U. S. ___, ___ (2019) (slip op., at
8) (internal quotation marks omitted). It does not apply in this
civil case concerning the scope of a safe harbor that arises from
ignorance of collateral legal requirements. See
ibid.
Finally, H&M claims that neither Unicolors’
petition for certiorari nor the Ninth Circuit’s opinion addressed
the question we decide here. The petition, however, asked us to
decide whether a registration may be invalidated under §411(b) even
though there are no “indicia of fraud . . . as to the
work at issue in the subject copyright registration.” Pet. for
Cert. i. Fraud typically requires “[a]
knowing
misrepresentation . . . of a material fact.” Black’s Law
Dictionary 802 (11th ed. 2019) (emphasis added). If, as the Ninth
Circuit concluded, §411(b)(1)(A) does not require “knowledge” of
legal errors, then it does not always require knowledge of the
misrepresentation in the registration application, and therefore
does not require the typical elements of fraud. Thus, the
“knowledge” question that the parties have argued, and which we
decide, was a “subsidiary question fairly included” in the
petition’s question presented. See this Court’s
Rule 14.1(a).
As to the decision below, the Ninth Circuit
wrote that “the knowledge inquiry is not whether Unicolors knew
that including a mixture of confined and non-confined designs would
run afoul of the single-unit registration requirements; the inquiry
is merely whether Unicolors knew that certain designs included in
the registration were confined and, therefore, were each published
separately to exclusive customers.” 959 F. 3d, at 1200.
In context, we understand this statement to hold that Unicolors’
“knowledge” of the
facts that produced the inaccuracy was
sufficient to demonstrate its knowledge of the inaccuracy itself
under §411(b)(1)(A). Unicolors’ knowledge of the relevant law was
irrelevant. The Ninth Circuit therefore explicitly addressed the
question we here decide.
* * *
For these reasons, the judgment of the Ninth
Circuit is vacated, and the case is remanded for further
proceedings consistent with this opinion.
It is so ordered.
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