reed elsevier et al muchnick et argued october decided march copyright act act generally requires copyright holders register works suing copyright infringement complaint consolidated copyright infringement suit alleged named plaintiffs least one copyright typically freelance article written newspaper magazine registered accordance class however included authors registered works authors parties moved district certify settlement class approve settlement agreement district objections freelance authors appeal second circuit sua sponte raised question whether deprives federal courts jurisdiction infringement claims involving unregistered copyrights concluding district lacked jurisdiction certify class approve settlement held section registration requirement precondition filing copyright infringement claim copyright holder failure comply requirement restrict federal jurisdiction infringement claims involving unregistered works pp jurisdiction refers adjudicatory authority kontrick ryan thus jurisdictional properly applies prescriptions delineating classes cases jurisdiction persons personal jurisdiction implicating authority ibid distinction jurisdictional conditions rules confusing practice federal courts litigants use term jurisdictional apposite ibid statutory requirement considered jurisdictional congress clearly count jurisdictional condition rank ed treated nonjurisdictional character arbaugh arbaugh held coverage requirement title vii civil rights act jurisdictional requirement provision clearly stat numerosity rule counted jurisdictional prior title vii cases compel conclusion rule nonetheless jurisdictional requirement location provision separate title vii section indicated congress ranked rule jurisdictional pp like title vii numerosity requirement arbaugh clearly stat registration requirement jurisdictional although last sentence contains word jurisdiction sentence speaks adjudicatory authority determine copyright claim registrability says nothing whether federal jurisdiction adjudicate claims infringement unregistered works moreover registration requirement like title vii requirement located provision separate granting federal courts jurisdiction respective claims factor suggests registration requirement read jurisdictional terms refer way jurisdiction district courts ibid conclusion affected fact requirement arbaugh considered element title vii claim rather prerequisite initiating lawsuit see zipes trans world airlines pp contrary result required bowles russell finding congress ranked jurisdictional requirement parties civil action file notice appeal within days judgment analyzed specific language historical treatment accorded type limitation analysis consistent arbaugh framework context relevant whether statute rank requirement jurisdictional pp declines apply judicial estoppel affirm second circuit judgment vacating settlement petitioners arguments tension made accepting arguments create type inconsistent determinations favor estoppel meant address see new hampshire maine pp restrict federal jurisdiction need address question whether district authority approve settlement second circuit erroneous reading also declines decide whether registration requirement mandatory precondition suit district courts may enforce sua sponte dismissing copyright infringement claims involving unregistered works pp reversed remanded thomas delivered opinion roberts scalia kennedy alito joined ginsburg filed opinion concurring part concurring judgment stevens breyer joined sotomayor took part consideration decision case reed elsevier et petitioners irvin muchnick et al writ certiorari appeals second circuit march justice thomas delivered opinion subject certain exceptions copyright act act requires copyright holders register works suing copyright infringement supp case appeals second circuit held copyright holder failure comply registration requirement deprives federal jurisdiction adjudicate copyright infringement claim disagree section registration requirement precondition filing claim restrict federal jurisdiction constitution grants congress power promote progress science useful arts securing limited times authors exclusive right writings art cl exercising power congress crafted comprehensive statutory scheme governing existence scope opyright protection original works authorship fixed tangible medium expression scheme gives copyright owners exclusive rights specified statutory exceptions distribute reproduce publicly perform works anyone violates exclusive rights copyright owner provided act infringer copyright infringement occurs copyright owner entitled subject requirements section institute action copyright infringement emphasis added case concerns requirements section refers section provides inter alia certain exceptions civil action infringement copyright work shall instituted preregistration registration copyright claim made accordance title provision part act remedial scheme establishes condition copyright registration plaintiffs ordinarily must satisfy filing infringement claim invoking act remedial provisions address whether also deprives federal courts jurisdiction adjudicate infringement claims involving unregistered works relevant proceedings case began issued opinion new york times tasini tasini agreed appeals second circuit several owners online databases print publishers infringed copyrights six freelance authors reproducing authors works electronically without first securing permission see holding affirmed principal theory liability underlying copyright infringement suits freelance authors filed appeals issued opinion tasini suits stayed pending decision tasini resumed issued opinion consolidated district southern district new york judicial panel multidistrict litigation consolidated complaint alleged named plaintiffs least one copyright typically freelance article written newspaper magazine registered accordance class however included authors registered copyrighted works authors see app growing size complexity lawsuit district referred parties mediation three years freelance authors publishers insurers electronic databases insurers negotiated finally march reached settlement agreement parties intended achieve global peace publishing industry literary works electronic databases copyright litigation parties moved district certify class settlement approve settlement agreement ten freelance authors including irvin muchnick hereinafter muchnick respondents objected district overruled objections certified settlement class freelance authors federal rules civil procedure approved settlement fair reasonable adequate rule entered final judgment time muchnick respondents party urge district dismiss case refuse certify class approve settlement lack jurisdiction muchnick respondents appealed renewing objections settlement procedural substantive grounds shortly oral argument appeals sua sponte ordered briefing question whether deprives federal courts jurisdiction infringement claims involving unregistered copyrights parties filed briefs asserting district jurisdiction approve settlement agreement even though included unregistered works relying two circuit precedents holding registration requirement jurisdictional see citing toy mfg goffa morris business concepts appeals concluded district lacked jurisdiction certify class claims arising infringement unregistered works also lacked jurisdiction approve settlement respect claims citing widespread agreement among circuits section jurisdictional judge walker dissented concluded like nonjurisdictional requirement arbaugh jurisdictional statutory time limit bowles russell accordingly reasoned registration requirement limit federal jurisdiction infringement suits involving unregistered works ibid granted owners publishers petition writ certiorari formulated question presented ask whether restricts jurisdiction federal courts copyright infringement actions party supports appeals jurisdictional holding appointed amicus curiae defend appeals reverse ii jurisdiction refers adjudicatory authority kontrick ryan accordingly term jurisdictional properly applies prescriptions delineating classes cases jurisdiction persons personal jurisdiction implicating authority ibid see also steel citizens better environment jurisdiction refers courts statutory constitutional power adjudicate case emphasis original landgraf usi film products urisdictional statutes power rather rights obligations quoting republic nat bank miami thomas concurring perhaps clear theory distinction jurisdictional conditions rules confusing practice courts including sometimes mischaracterized rules elements cause action jurisdictional limitations particularly characterization central case thus require close analysis see arbaugh supra citing examples steel recent cases evince marked desire curtail jurisdictional rulings easily miss critical difference true jurisdictional conditions nonjurisdictional limitations causes action kontrick supra see also arbaugh light important distinctions jurisdictional prescriptions rules see encouraged federal courts litigants facilitat clarity using term jurisdictional apposite kontrick supra arbaugh described general approach distinguish jurisdictional conditions requirements elements claim legislature clearly threshold limitation statute scope shall count jurisdictional courts litigants duly instructed left wrestle issue congress rank statutory limitation coverage jurisdictional courts treat restriction nonjurisdictional character citation omitted plaintiff arbaugh brought claim title vii civil rights act makes unlawful employer discriminate inter alia basis sex employees bring title vii claims employers fifteen employees arbaugh addressed whether employee numerosity requirement affects jurisdiction instead delineates substantive ingredient title vii claim relief held latter holding turned principally examination text section title vii numerosity requirement appears section clearly stat employee numerosity threshold title vii scope count jurisdictional nothing prior title vii cases compelled conclusion even though numerosity requirement lacks clear jurisdictional label nonetheless imposed jurisdictional limit see similarly text structure demonstrate congress rank ed requirement jurisdictional see observed employee numerosity requirement located provision separate title vii section distinguishing threshold ingredient jurisdiction arbaugh accordingly numerosity requirement fairly read jurisdictional terms way refer jurisdiction district courts quoting zipes trans world airlines thus refrain ed construing numerosity requirement constric title vii jurisdictional provision arbaugh supra internal quotation marks omitted apply approach section provides except action brought violation rights author section subject provisions subsection civil action infringement copyright work shall instituted preregistration registration copyright claim made accordance title case however deposit application fee required registration delivered copyright office proper form registration refused applicant entitled institute civil action infringement notice thereof copy complaint served register copyrights register may option become party action respect issue registrability copyright claim entering appearance within sixty days service register failure become party shall deprive jurisdiction determine issue must consider whether clearly registration requirement jurisdictional arbaugh supra amicus disagrees pointing presence word jurisdiction last sentence contending use term indicates jurisdictional cast first sentence well brief amicus curiae support judgment hereinafter amicus brief reference jurisdiction bear weight amicus places upon sentence upon amicus relies register copyrights may option become party copyright infringement action respect issue registrability copyright claim entering appearance within sixty days service register failure become party shall deprive jurisdiction determine issue emphasis added congress added sentence act stat clarify federal determine issue registrability copyright claim even register appear infringement suit clarification necessary courts interpreted precursor imposed similar registration requirement prohibiting copyright owners refused registration register copyrights suing infringement owners first sought mandamus register see vacheron coultre watches benrus watch construing precursor amendment made clear federal plainly adjudicatory authority determine issue emphasis added issue registrability regardless whether register party infringement suit word jurisdiction used thus says nothing whether federal jurisdiction adjudicate claims infringement unregistered works moreover registration requirement like title vii numerosity requirement located provision separate granting federal courts jurisdiction respective claims see arbaugh supra federal district courts jurisdiction copyright infringement actions based neither confers jurisdiction questions federal law specific copyright claims conditions jurisdictional grant whether copyright holders registered works suing infringement cf arbaugh supra title vii jurisdictional provision specif threshold ingredient akin monetary floor factor suggest registration requirement read jurisdictional terms refer way jurisdiction district courts arbaugh quoting zipes first significantly expressly allows courts adjudicate infringement claims involving unregistered works three circumstances work work infringement claim concerns rights attribution integrity holder attempted register work registration refused separately permits courts adjudicate infringement actions certain kinds unregistered works author declare intention secure copyright work makes registration work required subsection within three months work first transmission least unusual ascribe jurisdictional significance condition subject sorts numerosity requirement arbaugh considered element title vii claim rather prerequisite initiating lawsuit change conclusion decision zipes demonstrates zipes upon arbaugh relied held title vii requirement claimants timely file discrimination charge eeoc filing civil action federal nonjurisdictional see establishing specific time periods within discrimination claimant must file lawsuit filing charge eeoc statutory condition requires party take action filing lawsuit automatically jurisdictional prerequisite suit zipes emphasis added rather jurisdictional analysis must focus legal character requirement discerned looking condition text context relevant historical treatment see also national railroad passenger corporation morgan similarly treated nonjurisdictional types threshold requirements claimants must complete exhaust filing registration requirement fits mold section imposes precondition filing claim clearly labeled jurisdictional located provision admits congressionally authorized exceptions see section thus imposes type precondition suit supports nonjurisdictional treatment precedents amicus insists decision bowles compels conclusion contrary one reach today amicus cites bowles proposition congress explicitly label statutory condition jurisdictional nevertheless treat condition consistently interpreted congress disturbed interpretation amicus brief specifically amicus relies bowles argue bowles improper characterize statutory condition nonjurisdictional override century worth treating registration requirement jurisdictional amicus brief quoting bowles supra argument focuses result bowles rather analysis employed bowles hold statutory condition devoid express jurisdictional label treated jurisdictional simply courts long treated hold statutory conditions imposing time limit considered rather bowles stands proposition context including interpretation similar provisions many years past relevant whether statute ranks requirement jurisdictional bowles considered requires parties civil action file notice appeal within days judgment appealed rule federal rules appellate procedure carries practice analyzing specific language historical treatment type limitation imposes statutory deadlines filing appeals concluded congress ranked statutory condition jurisdictional focus bowles historical treatment statutory conditions taking appeal thus consistent arbaugh framework indeed bowles emphasized long treated conditions jurisdictional including statutes specifically statutes predated creation courts appeals see bowles therefore demonstrates relevant question amicus puts whether long labeled jurisdictional whether type limitation imposes one properly ranked jurisdictional absent express designation statutory limitation bowles type long held speak jurisdictional terms even absent jurisdictional label nothing text context historical treatment type limitation justified departure view case however types conditions zipes arbaugh analysis leads us conclude implicate jurisdiction federal courts although historical treatment jurisdictional factor analysis dispositive factors discussed demonstrate registration requirement analogous nonjurisdictional conditions considered zipes arbaugh statutory time limit issue thus conclude registration requirement nonjurisdictional notwithstanding prior jurisdictional iii amicus argues even nonjurisdictional nonetheless affirm estoppel grounds appeals judgment vacating district order approving settlement dismissing case according amicus petitioners asserted previously proceedings copyright registration jurisdictional assertion estop asserting right waive objections authors failure register amicus urges us prevent parties fast loose courts changing positions according exigencies moment amicus brief quoting new hampshire maine agree statements parties submissions district appeals tension arguments decline apply judicial estoppel explained new hampshire doctrine typically applies among things party succeeded persuading accept party earlier position judicial acceptance inconsistent position later proceeding create perception either first second misled internal quotation marks omitted circumstances exist two reasons first parties made prior statements negotiating defending settlement agreement fault parties lawyers invoking negotiations binding circuit precedent supported clients positions perhaps importantly approving settlement district adopt petitioners interpretation jurisdictional second appeals asked petitioners brief whether restricted district jurisdiction argued appeals rejected arguments see app reply brief petitioners accepting petitioners arguments thus create inconsistent determinations favor new hampshire supra internal quotation marks omitted therefore hold district authority adjudicate parties request approve settlement iv holding restrict federal jurisdiction precludes need us address parties alternative arguments whether district authority approve settlement even appeals erroneous reading concluding district jurisdiction approve settlement express opinion settlement merits also decline address whether registration requirement mandatory precondition suit like threshold conditions arizona california res judicata defense day mcdonough habeas statute limitations hallstrom tillamook county resource conservation recovery act notice provision district courts may enforce sua sponte dismissing copyright infringement claims involving unregistered works reverse judgment appeals second circuit remand case proceedings consistent opinion ordered justice sotomayor took part consideration decision case reed elsevier et petitioners irvin muchnick et al writ certiorari appeals second circuit march justice ginsburg justice stevens justice breyer join concurring part concurring judgment agree characterization supp provision instructs authors register copyrights commencing suit infringement precondition filing claim restrict federal jurisdiction ante agree arbaugh controlling precedent see ante bowles russell counsel otherwise however undeniable tension two decisions aiming stave continuing controversy qualifies jurisdictional set understanding opinions arbaugh bowles ground reconcile rulings arbaugh held nonjurisdictional prescription confining title vii coverage employers employees observing threshold id speak jurisdictional terms refer way jurisdiction district courts quoting zipes trans world airlines arbaugh opinion announced applied readily administrable bright line legislature clearly threshold limitation statute scope shall count jurisdictional courts litigants duly instructed left wrestle issue congress rank statutory limitation coverage jurisdictional courts treat restriction nonjurisdictional character applying readily administrable bright line case hold threshold number employees application title vii element plaintiff claim relief jurisdictional issue citation omitted passage indicates unanimous arbaugh anticipated federal courts thereafter adhere bright line held dispositive day bowles moved different direction sharply divided held mandatory jurisdictional time limits filing notice appeal stated internal quotation marks omitted bowles mentioned arbaugh distinguish involving statute setting requirement time limit section time limits jurisdictional bowles explained contained statute merely rule ha long held taking appeal within prescribed time jurisdictional fidelity arbaugh similarly reasoned decisions dissent bowles observed yielded conclusion statutory time limits jurisdictional congress says opinion souter bowles arbaugh reconciled without distorting either decision however ground bowles rel ied long line decisions left undisturbed congress union pacific locomotive engineers trainmen comm adjustment central region slip citing bowles true decision subsequent bowles john sand gravel concluded largely stare decisis grounds federal claims statute limitations requires sua sponte consideration lawsuit timeliness etitioner succeed convincing us overturned overturn earlier plainly read arbaugh bowles point conclusion nonjurisdictional section speak jurisdictional terms refer way jurisdiction district courts zipes arbaugh readily administrable bright line therefore controlling bowles detract determination amicus reading bowles urges authority hold jurisdictional lest disregard century worth precedent brief amicus curiae support judgment quoting bowles see ante bowles john sand gravel explained relied longstanding decisions typing relevant prescriptions jurisdictional bowles citing inter alia scarborough pargoud curry john sand gravel amicus cites well opinions characterize jurisdictional one jurisdictional rulings accorded precedential effect arbaugh quoting steel citizens better environment see arbaugh ante reasons stated join judgment concur part opinion footnotes sections act principally detail registration process establish remedial incentives encourage copyright holders register works see ed supp see la resolana architects pa clay realtors angel fire positive black talk cash money records xoom imageline murray hill publications abc communications producers video data grumman systems support appointed deborah jones merritt brief argue case amicus curiae support appeals judgment merritt ably discharged assigned responsibilities see act mar stat cf zipes relying fact congress approved least cases awarding title vii relief claimants complied statute equal employment opportunity commission eeoc filing requirement holding filing requirement jurisdictional prerequisite suit cotton urisdiction properly refers power hear case matter never forfeited waived see jones bock treating administrative exhaustion requirement prison litigation reform act plra action shall brought respect prison conditions title federal law prisoner administrative remedies available exhausted affirmative defense even though question exhaustion mandatory plra unexhausted claims brought woodford ngo bowles example distinguished scarborough principi characterized nonjurisdictional express statutory time limit initiating postjudgment proceedings attorney fees equal access justice act see explained time limit scarborough concerned mode relief ancillary judgment already plenary jurisdiction quoting scarborough supra emphasis added bowles also distinguished kontrick ryan eberhart per curiam cases properly held certain time limits nonjurisdictional imposed rules purport jurisdictional significance see kontrick involved time constraints applicable objections discharge bankruptcy proceedings case first examined statute conferring jurisdiction objections discharge observed contain timeliness requirement kontrick rather time constraints applicable objections discharge contained bankruptcy rules expressly state construed extend limit jurisdiction courts see ibid quoting fed rule bkrtcy proc eberhart turn treated nonjurisdictional certain rules held closely parallel ed kontrick conclusion mirrors holding zipes title vii eeoc filing requirement nonjurisdictional even though decisions characterized jurisdictional see noting legal character requirement issue earlier cases see also national railroad passenger corporation morgan relying analysis zipes amicus remaining jurisdictional argument policy goals underlying copyright registration support construing registration provisions jurisdictional see amicus brief similarly unavailing agree condition ranked jurisdictional merely promotes important congressional objectives see arbaugh holding title vii numerosity requirement nonjurisdictional even though serves important policy goal spar ing small businesses title vii liability footnotes eberhart per curiam scarborough principi kontrick ryan