This is an interesting case. Plaintiff makes copyrighted blank forms that companies fill out when they make EDGAR filings with the SEC pursuant to the Exchange Act. Defendant downloads completed versions of the forms from EDGAR and sells them. Plaintiff sued for copyright infringement.
First, it seems that this is a case of first impression

Defendant “Doe 3,” whose identity is not known to plaintiffs Arista Records LLC et al., appeals from an order of the United States District Court for the Northern District of New York, Glenn T. Suddaby, Judge, rejecting Doe 3’s objections to the denial by United States Magistrate Judge Randolph F. Treece of Doe 3’s motion

Go to the iTunes store and listen to 30 seconds of “I Need A Freak,” recorded in 1983 by the band Sexual Harrassment. This song was licensed by one of defendants (dba Sexual Harrassment) to the Black Eyed Peas for use in ‘My Hump’ in 2005. Plaintiff alleges he wrote the song. Defendant alleges acquiescence.

Sometimes decisions are interesting because the issue in contention is so apparently uninteresting (by this point). The Berne Convention pretty much (but not exactly) says that it is not self-executing. There are many U.S. decisions that say that it is not self-executing (and every SDNY decision holds that it is not). Congress, when it implemented