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Filing Time for Copyright Suits Bars Profit Claim
The U.S. Court of Appeals for the First Circuit decided that the three-year federal statute of limitations for copyright suits, rather than a longer state limitations period for accounting actions, applied to a complaint for a portion of profits from figurines, including 'The Merry Wanderer,' derived from the book 'Das Hummel-Buch.' Cambridge Literary Properties Ltd. V. W. Goebel Porzellanfabrik G.m.b.H. & Co. KG, 06-2339.
The appeals court noted: 'Cambridge did not seek an adjudication of its [copyright] ownership rights before seeking whatever remedy it may have if it has any ownership rights. ' Rather, the complaint attempts to evade the issue of whether Cambridge has any ownership rights by simply asserting that Cambridge is a co-owner and then alleging that Cambridge, as a co-owner, is entitled under state law to an accounting and equitable trust.'
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