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Decision of Note: <b>Lawsuit Over James Brown Hit Is Time-Barred</b>
The U.S. District Court for the Southern District of New York ruled that a songwriter's suit over the James Brown hit “It's a Man's Man's Man's World” was barred by the 3-year statute of limitations of the Copyright Act. Newsome v. Brown, 01 Civ. 2807 (TPG).
Plaintiff Betty Newsome filed suit in 2001, alleging that the defendants improperly registered the mid-1960s hit by first citing Brown as the sole composer and later by stating that Brown and Newsome were co-authors. The district court noted, “However, in Barksdale v. Robinson, 211 F.R.D. 240 (S.D.N.Y. 2002), the court held that 'when the gravamen of a plaintiff's copyright claim is ownership, and not infringement, the infringement claims are barred if the ownership claim is time-barred' … The Second Circuit has held that 'plaintiffs claiming to be co-authors are time-barred 3 years after accrual of their claim from seeking a declaration of copyright co-ownership rights and any remedies that would flow from such a declaration.' Merchant v. Levy, 92 F.3d 51, 56 (2d Cir. 1996).”
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