The United States Court of Appeals for the Eleventh Circuit[4] ruled that the infringement suit could not be brought because of that lack of approval.

[5][6] The case was granted certiorari by the Supreme Court, with oral arguments heard on January 9, 2019.

Further, they contended normatively that a copyright holder's rights should not depend upon affirmative government action.

[10][11] It has been observed by one commentator that a decision in Fourth Estate's favor would essentially remove the Copyright Office's role in the process of moving copyright infringement cases to litigation,[1] and concerns about the practical implications of litigating prior to the Register's grant or denial of registration were a prominent theme at the oral arguments.

[12] Others have observed that the practical effect is minimal, since although the turnaround time for a registration with the Copyright Office can be months at a time, the Office offers an $800 expedited review process for cases with "compelling needs" like upcoming lawsuits,[3] and offers preregistration for categories of works more likely to be infringed.