Yesterday, in Petrella v Metro-Goldwyn-Mayer Inc, the United - TopicsExpress



          

Yesterday, in Petrella v Metro-Goldwyn-Mayer Inc, the United States Supreme Court faced an action by Paula Petrella, an owner of a screenplay, alleging copyright infringement. The screenplay is arguably the one used for the movie Raging Bull, a Martin Scorsese film starring Robert DeNiro, about the boxer Jake LaMotta. MGM asserted the defense of laches (an equitable doctrine alleging excessive delay in bringing a claim) by Petrella. The court held that laches is not a valid defense to a claim for damages brought within the Copyright Acts three year statute of limitations. The statute of limitations requires suit to be brought within three years of the infringement for which relief is sought. The court also stated that in extraordinary circumstances, laches can be asserted at the outset of the litigation, to curtail equitable relief awarded. Petrella wrote the screenplay in 1963. The movie went public in 1980. Petrella brought suit in 2009. Under the statute of limitations, Petrella could recover damages for infringements in the last three years (profits from the movie since 2006), as well as injunctive relief against future infringement. The United States Court of Appeals held that Petrellas delay barred her even from receiving damages from the last three years. This is what the high court reversed. The high courts decision relies on the distinction between the legal remedy of damages, and equitable remedies such as an injunction. Generally speaking, traditionally, an equitable defense is no defense against a legal claim (i.e., a claim for money damages).
Posted on: Wed, 21 May 2014 03:34:56 +0000

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