Showing posts with label 3 year statute of limitations. Show all posts
Showing posts with label 3 year statute of limitations. Show all posts

Wednesday, October 2, 2013

Justices to Hear ‘Raging Bull’ Copyright Appeal: New York Times, 10/1/13

Adam Liptak, New York Times; Justices to Hear ‘Raging Bull’ Copyright Appeal: "The copyright case concerns collaborations between the boxer Jake LaMotta and a friend, Frank P. Petrella, including a book and two screenplays, one of which was called “The Raging Bull.” Paula Petrella, Mr. Petrella’s daughter, contends that these works formed the basis for “Raging Bull,” the 1980 movie starring Robert De Niro. She did not sue the movie’s owners until 2009, and the United States Court of Appeals for the Ninth Circuit, in San Francisco, said that was too late. The copyright law itself would have allowed the suit, as its three-year statute of limitation starts to run anew every time there is a fresh infringement. The question for the justices, one that has divided the lower courts, is whether the suit should nonetheless have been dismissed based on a doctrine known as laches, which bars suits brought after unreasonable delays."

Sunday, December 2, 2012

Beastie Boys call for sampling lawsuit to be dismissed; Guardian, 11/29/12

Sean Michaels, Guardian; Beastie Boys call for sampling lawsuit to be dismissed: "In the Beastie Boys' response to the lawsuit, filed on Monday, they questioned the two-decade gap between their albums' release and TufAmerica's complaint. "Plaintiff is attempting to sidestep the Copyright Act's three-year statute of limitations," their lawyers wrote, according to the Hollywood Reporter. Although TufAmerica argued that the samples are "concealed … [to] the casual listener" and were only detectable "after conducting a careful audio analysis", the hip-hop crew said this means their work is sufficiently different and they should be exempt from damages."