Cooper v. NCS Pearson, Inc., 733 F.3d 1013

Copeland co-created the BHI test with Disorbio and Bruns in the 1980s–1990s and formed BHI, Inc.
In 1993, Bruns and Disorbio assigned their BHI IP to BHI, Inc. with express statements they were sole authors/owners; Copeland signed as president.
Effective May 4, 1993, NCS was granted all right, title, and interest in the BHI under a Publication Agreement that named Bruns and Disorbio as authors and did not list Copeland as an author.
1996 publication credited Bruns and Disorbio “with contributions by” Copeland; Copeland was aware of this attribution and royalty handling.
NCS published new BHI editions in 2002 omitting Copeland from authorship; Copeland learned of the change in 2009 and filed suit in 2010 seeking co-ownership declaration and royalties.
District court granted summary judgment on statute of limitations grounds, holding any claim accrued in 1993 (and at latest 1996), barring timely filing under 17 U.S.C. § 507(b).

Issue	Plaintiff's Argument	Defendant's Argument	Held
When does a copyright co-ownership claim accrue?	Copeland argues accrual waited for ongoing ownership dispute, not 1993/1996.	NCS argues accrual occurred no later than 1993 (or 1996) upon repudiation/awareness.	Accrual occurred by 1993 (or by 1996 at latest).
Did the 1993 Publication Agreement put Copeland on notice of repudiation of ownership?	Copeland contends lack of notice due to signing under misapprehension about authorship.	Agreement clearly stated authors were Bruns/Disorbio and exclusive ownership; notice exists.	Yes, the 1993 Agreement placed Copeland on notice and started the 3-year clock.
Could later tolling or equitable defenses revive timeliness?	Copeland sought tolling/inequitable relief based on later conduct by others.	Equitable defenses unlikely to toll where accrual occurred by 1993/1996 and tolling not shown.	Even with tolling considerations, claims are time-barred; accrual occurred long before tolling could matter.

Zuill v. Shanahan, 80 F.3d 1366 (9th Cir. 1996) (clear notice of co-ownership repudiation starts the statute of limitations)
Ritchie v. Williams, 395 F.3d 283 (6th Cir. 2005) (express repudiation can fix accrual for co-ownership claims)
Aalmuhammed v. Lee, 202 F.3d 1227 (9th Cir. 2000) (awareness of unequal attribution triggers accrual)
Cambridge Literary Props., Ltd. v. West Goebel Porzellanfabrik, 510 F.3d 77 (1st Cir. 2007) (awareness of not receiving royalties supports accrual)
Santa-Rosa v. Combo Records, 471 F.3d 224 (1st Cir. 2006) (awareness of incorrect authorship supports accrual)