Copyright — laches

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U.S. Supreme Court

Civil

Copyright — laches

Laches cannot be invoked as a bar to the pursuit of a claim for damages brought within §507(b)’s three-year window.

By permitting a successful plaintiff to gain retrospective relief only three years back from the time of suit, the copyright statute of limitations itself takes account of delay. Brought to bear here, §507(b) directs that Petrella cannot reach MGM’s returns on its investment in Raging Bull in years before 2006. Moreover, if infringement within the three-year window is shown, a defendant may offset against profits made in that period expenses incurred in generating those profits. See §504(b). In addition, a defendant may retain the return on investment shown to be attributable to its own enterprise, as distinct from the value created by the infringed work. See ibid. Both before and after the merger of law and equity in 1938, this Court has cautioned against invoking laches to bar legal relief. See, e.g., Holmberg v. Armbrecht, 327 U. S. 392, 395, 396. Pp. 11–14.

695 F. 3d 946, reversed and remanded.

12-1315 Petrella v. Metro-Goldwyn-Mayer, Inc.

Ginsburg, J.; Breyer, J., dissenting.