No. 23-430

Richard R. Finch v. Harry Wayne Casey, et al.

Lower Court: Eleventh Circuit
Docketed: 2023-10-25
Status: Denied
Type: Paid
Tags: co-authorship copyright-act declaratory-relief discovery-accrual discovery-accrual-rule statute-of-limitations termination-of-transfer
Key Terms:
Copyright JusticiabilityDoctri
Latest Conference: 2024-01-05
Question Presented (AI Summary)

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 (from Petition)

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).

Docket Entries

2024-01-08
Petition DENIED.
2023-12-06
DISTRIBUTED for Conference of 1/5/2024.
2023-12-01
2023-11-17
2023-10-23
Petition for a writ of certiorari filed. (Response due November 24, 2023)

Attorneys

Harry Wayne Casey, et al.
Franklin L. ZemelSaul Ewing, Respondent
Franklin L. ZemelSaul Ewing, Respondent
Richard R. Finch
David P. Reiner IIReiner & Reiner, P.A., Petitioner
David P. Reiner IIReiner & Reiner, P.A., Petitioner