Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Raging Bull Case Headed to the U.S. Supreme Court
Author: Scarinci Hollenbeck, LLC
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, Intellectual Property, Litigation, Commercial Litigation - Business Litigation Attorney
- 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
When to Settle and When to Fight: A Litigator's Framework
Every lawsuit comes with a cost, and knowing when to settle a lawsuit is one of the most consequential decisions a business owner will face. Experienced litigators understand how to minimize cost and obtain certainty for their clients. For many business owners, the decision is viewed almost entirely through a financial lens: What will it cost […]
Author: Sean M. Pena
A Whistleblower Just Filed a Complaint Against Your Company: Here's What to Do Now
Few situations create more uncertainty than learning that an employee has filed a whistleblower complaint. Questions arise immediately: Is the allegation legitimate? Should the employee be placed on leave? Do we need to notify our insurance carrier? Are we now prevented from disciplining the employee if there are unrelated ongoing work related issues? There is […]
Author: Sean M. Pena
Assignment for the Benefit of Creditors: An Alternative to Bankruptcy for Distressed Businesses
When a business reaches the point where it can no longer service its debts or otherwise resolve its liabilities, management is often faced with a difficult question: is a bankruptcy filing necessary or is there another way to perform an orderly liquidation or sale of the business assets? While Chapters 7 and 11 of the […]
Author: John D. Giampolo
Breaking Down New Jersey’s “Mansion” Tax: What Buyers and Sellers Need to Know
For many years, the New Jersey Mansion Tax has been a significant consideration in high-value real estate transactions. Recent legislative changes, however, have substantially altered how the tax operates, including who is responsible for paying it and the amount owed in certain transactions. Whether you are purchasing, selling, or investing in New Jersey real estate, […]
Author: George McGowan
Estate Planning for Digital Assets Under New Jersey Law
As our personal and financial lives increasingly move online, estate planning must evolve to address a new category of property: digital assets. From email accounts and social media profiles to cryptocurrency and cloud-stored business records, these assets often carry both financial and sentimental value. Yet, without proper planning, they can become inaccessible—or even lost—upon incapacity […]
Author: Marc J. Comer
The Role of Representation and Warranty Insurance in M&A Transactions
In today’s mergers and acquisitions market, representation and warranty (R&W) insurance has become a common feature of deal negotiations. Once used primarily in larger transactions, R&W insurance is now frequently incorporated into middle-market deals as buyers and sellers look for efficient ways to allocate risk and close deals. When structured properly, R&W insurance can help […]
Author: George McGowan
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.