287 F. Supp. 3d 673
W.D. Ky.2017Background
- Plaintiff Leroy Mitchell (a/k/a Prince Phillip Mitchell) is sole proprietor of Hot Stuff Publishing and is the registered copyright owner of the musical composition "Star in the Ghetto" (1977). A recorded performance titled "A Star in the Ghetto" was performed by Ben E. King & Average White Band.
- Defendants Capitol Records and Andre Romelle Young (Dr. Dre) are sued for alleged unauthorized use of Mitchell's composition and a sound recording in N.W.A.'s song "If It Ain't Ruff" on Straight Outta Compton; Mitchell filed suit in February 2015.
- Two partial summary judgment motions by Capitol and Young: (1) bar recovery for any damages more than three years before suit (statute of limitations); (2) preclude recovery for infringement of the sound recording copyright because Mitchell does not own that copyright.
- Mitchell contends he did not discover the alleged infringements until May 2014 and thus his claims accrued then; he concedes ownership of the musical composition copyright but disputes that he lacks the sound recording copyright.
- Defendants present an Atlantic Records copyright application/registry entry and album labels indicating Atlantic ownership of the sound recording; Mitchell relies on a 1977 mechanical license (showing composition ownership and license to Atlantic) and label notations with his name.
- Court finds discovery-rule accrual applies in Sixth Circuit and Mitchell’s claims (accruing May 2014) are timely, but the record shows Atlantic owns the sound recording copyright and Mitchell does not, so claim regarding that sound recording is dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Copyright Act's 3-year limitations period bars recovery for acts occurring more than 3 years before suit when plaintiff claims later discovery | Mitchell: discovery rule applies; his claims accrued May 2014 so suit filed timely | Defendants: Petrella equates accrual with occurrence and limits recovery to acts within 3 years of suit regardless of discovery | Court: Discovery rule remains viable in Sixth Circuit; Mitchell's claims accrued May 2014 and are timely; DENIED as to damages limit |
| Whether Mitchell owns the copyright in the sound recording "A Star in the Ghetto" (Ben E. King & AWB) | Mitchell: mechanical license language and label notations create genuine dispute as to ownership | Defendants: Atlantic’s application/registry entry, album labels, and copyright notice show Atlantic owns the sound recording | Court: Mechanical license evidences composition rights only; evidence shows Atlantic owns sound recording; GRANTED for defendants (Mitchell cannot pursue claim for that sound recording) |
Key Cases Cited
- Roger Miller Music, Inc. v. Sony/ATV Publ’g, LLC, 477 F.3d 383 (6th Cir.) (each new infringing act restarts three-year limitations period; accrual tied to discovery in Sixth Circuit)
- Bridgeport Music, Inc. v. Rhyme Syndicate Music, 376 F.3d 615 (6th Cir.) (recognizes discovery rule for accrual in copyright cases)
- Petrella v. Metro-Goldwyn-Mayer, 134 S. Ct. 1962 (U.S. 2014) (Supreme Court noted accrual at occurrence but acknowledged circuits applying a discovery rule)
- Hoste v. Radio Corp. of Am., 654 F.2d 11 (6th Cir.) (statute of limitations bars recovery for claims that accrued before the statutory period)