Category: Copyright Law

July 31, 2018, Update:

Did Ninth Circuit Judge Jay S. Bybee hammer the nail into the coffin of the California Resale Royalties Act (CRRA)?

On July 6, 2018, a three member panel of Ninth Circuit Judges, Danny J. Boggs, Jay S. Bybee, and Paul J. Watford, decided the case Chuck Close v. Sotheby’s Inc. (2018 DJDAR 6669). Judge Jay S. Bybee wrote the opinion for the court. Judge Bybee was appointed to the Ninth Circuit by President George W. Bush. He gained some notoriety from his role as the Assistant Attorney General for the Office of Legal Counsel, United States Department of Justice, when the media reported on his signed August 2002, “Torture Memo.”

June 9, 2014 Update:

In May 2014, the United States Supreme Court ruled the Copyright Act, 17 U.S.C. § 100 et seq., allows plaintiff to bring an action for copyright infringement 18 years after the initial act of infringement for continuing infringements. Petrella v. Metro-Goldwyn-Mayer (May 19, 2014, 2014 DJDAR 6168). The look back period is controlled by the Act statute of limitations, which is three years. The defendant does not have the equitable defense of laches, which is unreasonable and prejudicial delay of the plaintiff in bringing the action. The Petrella case involved the alleged infringing work of the movie Raging Bull, based on the life of boxing champion Jake LaMotta. The plaintiff, Paula Petrella, is the daughter of the original copyright owner, Frank Petrella, who with Jake LaMotta created the 1963 screenplay.