On October 1, 2013, the Supreme Court of the United States granted the Ninth Circuit’s petition for a writ of certiorari in Petrella v. Metro-Goldwyn-Mayer, Inc., 695 F.3d 946 (9th Cir. Cal. 2012), and will hear an appeal by the daughter of the deceased Frank Petrella, co-author of two screenplays and a book that inspired the 1980 Oscar-winning movie “Raging Bull.” Petrella asserts ownership rights to boxer Jake LaMotta’s life story, but her claims were barred in the Ninth Circuit Court under the equitable defense of laches. That defense bars recovery by the plaintiff because of the plaintiff's undue delay in seeking relief.
Background
In 2009, Paula Petrella sued Metro-Goldwyn-Mayer, Inc. (MGM) for copyright infringement for creating and distributing copies of the movie “Raging Bull.” Upon her father’s passing, Petrella claimed that she acquired ownership of his interest in the works as his statutory heir. In 1991, Petrella had exercised those rights and filed a renewal application for her father’s “Raging Bull” screenplay.
Seven years later, Petrella’s attorney contacted MGM and asserted that Petrella obtained the rights to the screenplay that inspired “Raging Bull” and that MGM’s exploitations of its derivative work, the “Raging Bull” motion picture, was an infringement of her exclusive rights. From 1998 through 2000, Petrella and MGM exchanged numerous letters in which Petrella accused MGM of copyright infringement and MGM denied any infringement on the grounds that they obtained all necessary rights to the script under their agreement with LaMotta, the co-writer of the disputed work, and that there was no substantial similarity of protectable elements between Frank Petrella’s screenplay and the film. During the same time period, MGM continued to internationally market and distribute “Raging Bull,” which celebrated its 25th anniversary in 2005.
Litigation
In January 2009, Petrella sued MGM for copyright infringement...
