On Tuesday, a New York federal judge authored an opinion that was decades in the making. It's a ruling that will undoubtedly shape future dealmaking in the entertainment industry
too. But there's still many legal issues quite unsettled. And that's why today's opinion figures to make an impact. in Feb. 2019. In reaction, the record label made several arguments why dismissal of the lawsuit was warranted.
Today, U.S. District Court Judge Lewis Kaplan rules the suit isn't time-barred after acknowledging that the issue is a close one. He comes to the conclusion that the musicians can indeed sue now after deciding that they're really making an infringement claim. The U.S. Supreme Court has made it clear that copyright plaintiffs may sue anytime within three years of an infringement.
That's a pretty big victory for present and future authors on the copyright termination front. It's one that figures to receive appellate review eventually, but in the meantime, it'll embolden many terminators. "These defects are harmless," responds Kaplan. "Despite the incorrect dates and omissions, defendant has sufficient notice as to which grants and works plaintiffs seek to terminate. While perhaps in other circumstances an omitted execution date could be fatal to the validity of a termination notice, defendant possesses the relevant agreements and can discern the relevant dates.
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