Paula Petrella v. Metro-Goldwyn-Mayer, Inc.

BACKGROUND

After Jake LaMotta (“LaMotta”) retired from boxing, he collaborated with his long-time friend, Frank Peter Petrella (“F. Petrella”), to produce a book and two screenplays (the “1963 screenplay” and the “1973 screenplay”) about LaMot- ta’s life. Together, these works allegedly became the basis for the movie Raging Bull, released in 1980.

These works were registered with the United States Copy- right Office. The 1963 screenplay was registered in 1963, list- ing F. Petrella as the claimant and sole author. According to the title page, however, it was written “in collaboration with” LaMotta. The book was registered in 1970, listing “Peter Sav- age” (a pseudonym of F. Petrella), LaMotta and Joseph Carter as co-authors. The 1973 screenplay was registered in 1973, listing F. Petrella as the sole author and stating 1970 as the date of publication. The copyright registration certificate noted that the work “The Raging Bull” was a “screenplay PETRELLA v. METRO-GOLDWYN-MAYER 10173 form of the book of the same name.” Despite the copyright registration dates, the parties dispute which of these three works — the 1963 screenplay, the book or the 1973 screen- play —…

Opinion by Judge FISHER; Concurrence by Judge W. FLETCHER.

OPINION

In 2009, Paula Petrella filed an action for copyright infringement, unjust enrichment and accounting against Metro-Goldwyn-Mayer, Inc.; Metro-Goldwyn-Mayer Studios, Inc.; Metro-Goldwyn-Mayer Home Entertainment, LLC; Metro-Goldwyn-Mayer Home Entertainment Distribution Corporation; United Artists Corporation; and 20th Century Fox Home Entertainment, LLC (“the defendants”). According to Petrella, the defendants infringed her purported interest in a book and two screenplays that together allegedly formed the basis for the 1980 motion picture Raging Bull. The district court granted summary judgment in favor of the defendants, holding that Petrella’s claims are barred by the equitable defense of laches. The district court also denied the defendants’ motions for sanctions and attorney’s fees. We affirm.

Background

After Jake LaMotta (“LaMotta”) retired from boxing, he collaborated with his longtime friend, Frank Peter Petrella (“F. Petrella”), to produce a book and two screenplays (the “1963 screenplay” and the “1973 screenplay”) about LaMotta’s life. Together, these works allegedly became the basis for the movie…

concurring:

I concur in Judge Fisher’s opinion, which faithfully applies our circuit’s law of laches in copyright cases. But I do so only because we are compelled to follow our opinion in Danjaq LLC v. Sony Corp., 263 F.3d 942 (9th Cir.2001).

There is a severe circuit split on the availability of a laches defense in copyright cases. In the Fourth Circuit, there is no laches at all. If a copyright suit is brought within the statute of limitations, it may go forward. Lyons P’ship. L.P. v. Morris Costumes, Inc. 243 F.3d 789, 797-98 (4th Cir.2001). In the Eleventh Circuit, “there is a strong presumption that a plaintiffs suit is timely if it is filed before the statute of limitations has run. Only in the most extraordinary circumstances will laches be recognized as a defense.” Peter Letterese & Assocs., Inc. v. World Inst. of Scientology Enters., Int’l, 533 F.3d 1287, 1320 (11th Cir.2008). Even if laches is found, “laches serves as a bar only to the recovery of retrospective damages, not to prospective relief.” Id. at 1321 . In the Second Circuit, laches is available as a bar to injunctive relief but not to money damages. See New Era Publ’ns Int’l v. Henry Holt & Co., 873 F.2d 576,…