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Hoste v. Radio Corp. of America

United States Court of Appeals, Sixth Circuit
Jul 7, 1981
654 F.2d 11 (6th Cir. 1981)

Summary

holding that the three-year statute of limitations of the Copyright Act barred recovery of any claims based on damages accruing more than three years before the complaint was filed

Summary of this case from Iverson v. Grant

Opinion

No. 79-1561.

Argued June 3, 1981.

Decided July 7, 1981.

Catherine Hoste, pro se.

Ernest I. Gifford, John F. Hunt, Van Ophem, Sheridan Sprinkle, P.C., Birmingham, Mich., for plaintiff-appellant.

Herbert Rollins, Rollins Rollins, Thomas G. Rollins, Detroit, Mich., for defendants-appellees.

Appeal from the United States District Court for the Eastern District of Michigan.

Before LIVELY, MERRITT and KENNEDY, Circuit Judges.


The plaintiff appeals from an order granting summary judgment to all defendants in this case claiming copyright infringement. Plaintiff obtained a copyright of her song "As Long As I Have You" in 1946 and a renewal in 1974 as an unpublished composition. In her pro se complaint filed on March 9, 1978, she stated that she heard Elvis Presley sing a song, "I'm Yours" on September 2, 1965 and that the Presley song was practically identical to hers except for some changes in the lyrics. She also alleged that "I'm Yours" continued to be performed after 1965.

The district court held that the Copyright Act provides a three year statute of limitations which bars recovery of any claims of plaintiff for damages which accrued prior to March 9, 1975. 17 U.S.C. § 507(b). We agree and affirm the judgment to that extent.

The district court further held that recovery of damages for the period subsequent to March 9, 1975 is barred by laches. The defendants filed no affidavits in support of their motion for summary judgment. Thus there was no evidence of prejudice to them by reason of the plaintiff's delay in filing this action. A showing of prejudice is a requirement for application of the doctrine of laches. The district court apparently determined that prejudice to the defendants could be presumed from the inordinate delay in bringing this action.

We conclude that summary judgment was inappropriate. The complaint raised material issues of fact as to whether the delay in bringing suit was unreasonable and whether the defendants were prejudiced by the delay. Any presumption of injury to the defendants would merely shift the burden to the plaintiff to show absence of prejudice; it would not be a proper basis for summary judgment. See Watkins v. Northwestern Ohio Tractor Pullers, 630 F.2d 1155 (6th Cir. 1980).

The plaintiff is now represented by counsel, and the issues should be developed without difficulty on remand.

The judgment of the district court is reversed insofar as it granted summary judgment on the laches issue. The cause is remanded for further proceedings.


Summaries of

Hoste v. Radio Corp. of America

United States Court of Appeals, Sixth Circuit
Jul 7, 1981
654 F.2d 11 (6th Cir. 1981)

holding that the three-year statute of limitations of the Copyright Act barred recovery of any claims based on damages accruing more than three years before the complaint was filed

Summary of this case from Iverson v. Grant

affirming decision that statute of limitations "bars recovery of any claims of plaintiff for damages which accrued prior to March 9, 1975"

Summary of this case from Mitchell v. Capitol Records, LLC

In Hoste v. Radio Corporation of America, 654 F.2d 11, 12 (6th Cir.1981), for example, even when we reversed a district court ruling that barred recovery for the plaintiff by application of laches within the statute of limitations period, we did not rule that the laches doctrine was always inapplicable in such a situation.

Summary of this case from Chirco v. Crosswinds

interpreting section 507(b) as barring recovery of any claims for damages which accrued over three years prior to the lawsuit

Summary of this case from King Empire, Inc. v. Milan Courtyard Homes, Ltd.

In Hoste, which involved a summary judgement motion by the defendant based on the defense of laches, the Court found that "the complaint raised material issues of fact as to whether the delay in bringing suit was unreasonable and whether the defendants were prejudiced by the delay."

Summary of this case from Television Digest, Inc. v. U.S. Telephone

In Hoste v. Radio Corporation of America, 654 F.2d 11, 12 (6th Cir. 1981), the Appeals Court reversed a grant for summary judgment in favor of a defendant because that defendant had failed to come forward with evidence of prejudice to it "by reason of plaintiff's delay in filing [the] action" and because plaintiff raised material issues of fact as to whether the delay was reasonable.

Summary of this case from Boothroyd Dewhurst, Inc. v. Poli

In Hoste v. Radio Corp. of America, 654 F.2d 11 (6th Cir. 1981) it was held that, where the complaint had been filed on March 9, 1978, all claims for damages which had accrued prior to March 9, 1975, were barred. The weight of authority, however, holds that the period of limitation begins to run on the date of the last act of infringement.

Summary of this case from Eisenman Chemical Co. v. NL Industries, Inc.
Case details for

Hoste v. Radio Corp. of America

Case Details

Full title:CATHERINE HOSTE, PLAINTIFF-APPELLANT, v. RADIO CORPORATION OF AMERICA…

Court:United States Court of Appeals, Sixth Circuit

Date published: Jul 7, 1981

Citations

654 F.2d 11 (6th Cir. 1981)

Citing Cases

PERRY v. HERD

Each act of infringement is a distinct harm, therefore the statute of limitations bars infringement claims…

Television Digest, Inc. v. U.S. Telephone

17 U.S.C. § 507. See e.g., Hoste v. Radio Corp. of America, 654 F.2d 11 (6th Cir. 1981) (three year statute…