a.k.a. Late (according to the 2nd Circuit)

Tyrone Simmons (aka Young Caliber) sued, inter alia, producer William C. Stanberry Jr. (aka Apex) and rapper Curtis Jackson (aka 50 Cent) for using a beat that Simmons claims to have exclusively licensed from Apex in February 2006.  The beat was allegedly used in the production of Fitty’s “I Get Money” in 2007.

Simmons filed suit in December 2010.  The district court ruled that 17 USC 507(b)’s three-year statute of limitations barred the action.

The Second Circuit affirmed, indicating that “more than three years prior to Simmons’s filing of his suit, Stanberry had made clear to him that he rejected Simmons’s assertion of an interest in the copyright and had gone on to exploit the copyrighted work in a manner of which Simmons was on notice.”

However, does this decision comport with the descriptions of the copyright rolling statute of limitations and the separate-accrual rule provided in Petrella (the “Raging Bull” case)?

Will there be a petition for rehearing en banc or for cert?

Link to Second Circuit case:  http://www.ca2.uscourts.gov/decisions/isysquery/bbd330c1-0733-4b62-8b7f-45e8499fd956/1/doc/14-3106_opn.pdf

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