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Copyright Infringement Claim Is Time-Barred If Ownership Claim Is, Too
The U.S. Court of Appeals for the Ninth Circuit decided that a claim for copyright infringement is barred if a copyright ownership claim in the litigation is, too. Seven Arts Filmed Entertainment Ltd. v. Content Media Corp., 11-56759. The case involved copyright claims by Seven Arts against Paramount Pictures over several films. The ruling, which was a case of first impression in the Ninth Circuit, places that circuit in line with the Second and Sixth Circuits on the issue. According to the Ninth Circuit's decision, “We join our sister circuits in holding that an untimely ownership claim will bar a claim for copyright infringement where the gravamen of the dispute is ownership, at least where, as here, the parties are in a close relationship. [Seven Arts's predecessor-in-interest CineVisions had executed a 'first look' agreement with Paramount in 1998.] Because it is apparent from the complaint that Paramount clearly and expressly repudiated Seven Arts's ownership of the copyrights more than three years before Seven Arts brought suit, the district court properly dismissed.”
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