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Analysis of Sup. Ct. <i>Raging Bull</i> Ruling
Authors and other creators of copyrighted works scored a major victory in May when the U.S. Supreme Court eliminated a significant barrier to recovering damages for copyright infringement. In Petrella v. Metro-Goldwyn-Mayer Inc., 12-1315, a 6-3 majority, led by Justice Ruth Bader Ginsburg, held that the so-called doctrine of laches ' meant to punish unreasonable, prejudicial delay in bringing a suit ' could not bar an infringement claim for damages that was been filed within the three-year limitations period in '507(b) of the U.S. Copyright Act.
The decision's immediate effect will give Paula Petrella, daughter of the author of the screenplay for the Academy Award-winning film, Raging Bull, her day in court to press her 2009 infringement action against Metro-Goldwyn-Mayer.
“This is her father's legacy, his life work,” says Petrella's high court counsel, Stephanos Bibas, director of the Supreme Court clinic at the University of Pennsylvania Law School. “For her case, the court makes clear that never is laches going to bar damages. She can recover for infringement since 2006, and if they continue infringing, she can collect going forward.”
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