Richard R. Finch v. Harry Wayne Casey, et al.
Copyright JusticiabilityDoctri
Whether a time-barred assertion of sole authorship status by one co-author may, under the discovery accrual rule, form the basis for a statute of limitations affirmative defense against the other co-author's action for declaratory relief under 17 U.S.C. §203
QUESTION PRESENTED This case presents a question of national significance regarding the interplay between the Copyright Act's statute of limitations provision and its termination of transfer provision. 17 U.S.C. §507(b); 17 U.S.C. §203(a)(3). The question presented is: e Whether a time-barred assertion of sole authorship status by one co-author may, under the discovery accrual rule, form the basis for a statute of limitations affirmative defense against the other co-author's action for declaratory relief under 17 U.S.C. §203. This question of significant precedential value is also ripe for review due to the Court's recent granting of a petition for writ of certiorari in Nealy v. Warner Chappell Music, Inc., 60 F.4th 1325 (11th Cir. 2023), cert. granted, 2023 WL 6319656 (Mem) (U.S. September 29, 2023) (No. 22-1078).