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
Smart Contract Legal Issues: Drafting Agreements for Blockchain
Smart contracts feature a unique blend of legal agreement and technical code. This innovation has the potential to reshape how business is conducted. At the same time, smart contract legal issues around enforceability, jurisdiction, identity, and compliance are common. The legal framework for these self-executing agreements is still evolving. What Are Smart Contracts? Smart contracts, […]
Author: Bryce S. Robins
Are Stay Interviews the Key to Retaining Top Talent?
Retaining top talent continues to be one of the greatest challenges facing employers today. Even in an employer’s market, the loss of a key employee can disrupt operations and result in significant costs. While compensation plays a role, long-term retention often depends on workplace culture, communication, and employee engagement. One increasingly popular strategy for improving […]
Author: Angela A. Turiano
Why Secured Transactions Are Important
Secured transactions form the backbone of a wide range of business dealings, including business loans, mortgages, and inventory financing. Because the stakes are often high and relatively minor oversights can have drastic consequences, lenders and borrowers should thoroughly understand how to form an enforceable security agreement that protects their legal rights. What Is a Secured […]
Author: Dan Brecher
Don’t Cash a “Paid in Full” Check Without Understanding the Legal Implications
Cashing a check marked “paid in full” can be a risky endeavor, particularly if you don’t fully understanding the legal implications. If you are owed more than the amount of the check you accept and deposit, you may waive your right to collect the full disputed amount. That is why you should consider either rejecting […]
Author: Dan Brecher
Changes to Qualified Small Business Stock Will Benefit Startup Founders and Investors
The One Big Beautiful Bill Act of 2025 (OBBBA) significantly impacts federal taxes, credits, and deductions. A key change relating to Qualified Small Business Stock (QSBS) allows greater tax-free gains for investments in startups and other qualifying small businesses. Company founders and other investors should understand how the enhanced tax strategy works or risk missing […]
Author: Dan Brecher
Corporate Consolidation and Antitrust Issues in Mergers
Corporate consolidation involves two or more businesses merging to become a single larger entity. The result is often a stronger and more competitive company that can better navigate today’s competitive marketplace. What Is Corporate Consolidation? Corporate consolidation closely resembles a basic merger transaction. The primary difference is that a consolidation creates an entirely new business […]
Author: Dan Brecher
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.