Supreme Court Rules on Clock

        Washington - The Supreme Court ruled Monday, May 19, 2014, that a copyright lawsuit over the 1980 Oscar-winning movie "Raging Bull" can go forward.  This ruling could open Hollywood studios to more claims from people seeking to a share of profits from classic films and TV shows.       
     Paula Petrella, daughter of the late screenwriter  Frank Petrella, sued Metro-Goldwyn-Mayer (MGM) in 2009, seeking royalties from continued commercial use of the film, "Raging Bull."  The elder Petrella passed these copyrights along to his daughter in 1981.  A federal judge had previously stated Paula Petrella waited to long, because she had been aware of the potential to file a lawsuit as early as 1991.  On appeal the 9th United States Circuit Court of Appeals agreed with the original opinion of MGM, saying Paula Petrella's delay of nearly two decades in bringing the case was an unreasonable and any claims to motion picture royalties from the film had expired.  Now, the Supreme Court has reversed that ruling, giving Paula Petrella a chance to resurrect her lawsuit.
     Movie studios have long relied on the legal doctrine of unreasonable delay to prevent distant relatives and estates from bringing copyright claims years, or decades after a picture has been released to theatres.  Federal copyright law allows people to bring copyright claims within three years of an infringing act.  Paula Petrella's claim fell within the three year rule, because the studio continued to release the film on DVD and other formats, creating a new start time for copyright calculations.  The court said, every new release essentially reset the clock as pertaining to copyright purposes.  Petrella won support from some Hollywood groups that argued, the rolling three-year copyright protection is fair to artists and gives them incentive to create their work.  Allowing Paula Petrella's suit to go forward will put at risk only a fraction of the income MGM has earned during the previous two decades, says Supreme Court Justice Ruth Bader Ginsburg.  See also, www.variety.com.