MGM settles 'Raging Bull' rights lawsuit

In January 2014, the U.S. Supreme Court gave Paula Petrella the green light to pursue more than $1 million in damages for MGM and Fox's continued distribution of Martin Scorsese's classic film 'Raging Bull'.

Petrella is the daughter of Frank Petrella, who allegedly wrote the works that inspired Scorsese to create 'Raging Bull'. Her complaint stated that because her father died in 1981, before the original term of the copyright grant expired, the rights to Raging Bull reverted to Frank Petrella's heirs. Her lawsuit was rejected by lower courts due to the doctrine of laches, which prevents people from bringing delayed lawsuits that have a prejudicial effect on defendants. Petrella filed her suit in 2009, almost three decades after her father's death.

But in a 6-3 majority opinion by Justice Ruth Bader Ginsburg, it was decided that the laches defense could not be invoked for claims brought within the applicable three-year statute of limitations.

Sent back to district court, MGM decided to argue that Petrella's father's 1976 agreement had conveyed all rights and, beyond that, Petrella's copyright interest in the screenplay warranted only limited protection. Moving on, the case would have required a judge to explore the similarities and differences between Frank Petrella's novels and Martin Scorsese's screenplay. The presiding judge would also have had to decide what was protected by law. For example, MGM claimed that many elements of the movie comprised of historical facts or scènes à faire.

However, the suit will not be going any further. This week Glen Kulik, attorney for Petrella, confirmed that a settlement had been reached. The dispute might be over, but Petrella's case will no doubt continue to be an important one, opening the doors for copyright cases due to the Supreme Court decision against the doctrine of laches.

Stories like these show the importance of hiring a dedicated business attorney who can protect your rights in the case of any business litigation.

Categorised in: Intellectual Property Law

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