Kenneth C. Oh
Counsel
212-784-6911 koh@sh-law.comFirm Insights
Raging Bull Case Headed to the U.S. Supreme Court
Author: Kenneth C. Oh
Date: October 17, 2013
Key Contacts
Back
The U.S. Supreme Court recently added a copyright dispute involving the film Raging Bull to its docket.
The plaintiff, Paula Petrella, alleges that the film infringes a 1963 screenplay written by her late father, Frank Petrella.
The Academy Award winning film starred Robert Di Nero and was directed by Martin Scorsese. It chronicles the life of champion boxer Jake LaMotta, whose personality in and out of the ring earned the nickname “Raging Bull.”
While the movie is high-drama, the copyright lawsuit is fairly technical. The issue is that Patrella did not file suit until 1999, nearly 20 years after the film was first released. The applicable statute of limitations requires copyright owners to initiate a copyright lawsuit within three years of the alleged infringement. In this case, Patrella cites the DVD release of Raging Bull by MGM Holdings Inc. and Twentieth Century Fox Home Entertainment as the basis for her claim.
Meanwhile, the entertainment companies contend that Patrella’s suit should be barred under the doctrine of laches. The equitable remedy bars a plaintiff from seeking recovery because of an undue delay in seeking relief. The United States Court of Appeals for the Ninth Circuit agreed that Patrella filed the lawsuit too late. However, federal courts are currently split on the issue, which cleared the way for a Supreme Court appeal.
Patrella’s attorneys argue that “Congress, not the courts, is responsible for weighing competing interests and policy considerations and setting a limitations period.” However, MGM contends that the delay “in bringing this action was egregious and entirely unjustified.”
The case, Petrella v. Metro-Goldwyn-Mayer, Inc., is being closely watched in the intellectual property community, as heirs of songwriters, screenwriters and even inventors are increasingly taking a fresh look at old claims involving new products. We encourage readers to check back to this blog for updates.
If you have any questions this copyright case or would like to discuss the legal issues involved, please contact me, Kenneth Oh, or the Scarinci Hollenbeck attorney with whom you work.
- Practices: Copyright
- Locations: Red Bank, NJ, New York City, Little Falls, NJ
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Related Posts
See all
Breach of Contract Explained: Types and Consequences
Breach of contract disputes are the most common type of business litigation. Therefore, nearly all New York and New Jersey businesses will likely have to deal with a contract dispute at least once. Understanding when to file a breach of contract lawsuit and how long you have to sue for breach of contract is essential […]
Author: Brittany P. Tarabour
How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide
Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]
Author: Christopher D. Warren
Gross Lease vs. Net Lease: Understanding the Key Differences
Commercial leases can take a variety of forms, which is often confusing for both landlords and tenants. Understanding the different types, especially the gross lease structure, is important when selecting the lease that best suits your needs. One key distinction between lease types is how rent is calculated and paid. This article addresses the two […]
Author: Robert L. Baker, Jr.
What to Do If You Are Impacted by a Retailer Bankruptcy Part 2
Over the past year, brick-and-mortar stores have closed their doors at a record pace. Fluctuating consumer preferences, the rise of online shopping platforms, and ongoing economic uncertainty continue to put pressure on the retail industry. When a retailer seeks bankruptcy protection, a myriad of other businesses are often impacted. Whether you are a supplier, customer, […]
Author: Brian D. Spector
The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business
Since his inauguration two months ago, Donald Trump’s administration and the Congress it controls have indicated important upcoming policy changes. These changes will impact financial services policies and priorities. The changes will particularly affect cryptocurrency, as well as banking rules and regulations. Key Regulatory Changes in Cryptocurrency For example, in the burgeoning cryptocurrency business environment, […]
Author: Dan Brecher
Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1
The retail sector has experienced a wave of bankruptcy filings over the last year. Brick-and-mortar businesses in financial distress include big-name brands like Big Lots, Party City, The Container Store, and Vitamin Shoppe. When large retailers seek bankruptcy protection, they are not the only businesses impacted. Landlords can be particularly hard hit. While commercial landlords […]
Author: Brian D. Spector
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.