In Petrella v. Metro-Goldwyn-Mayer, No. 12-1315 the Supreme Court recently found that the defense of laches was not appropriate in the case of copyright infringement where a statute is clear. Laches is an affirmative equity defense relying on the opposing party having “slept on their rights” and not brought their claim in a timely and reasonable mater. This particular case centered around the critically acclaimed 1980 movie “Raging Bull” for which Robert De Niro won an Academy Award.
To read more about the case and concerns that it allows copyright holders to wait to see if infringers make profits from infringement before choosing to sue see:
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