Addressing a novel issue, the US Court of Appeals for the Sixth
Circuit ruled that a statute of limitations can time-bar a defense
in narrow circumstances where a defendant uses it to seek
affirmative relief. Garza v. Everly, Case No. 21-5530 (6th
Cir. Feb. 10, 2023) (Bush, Guy, JJ.) (Murphy, J.,
concurring).
After successful careers writing and recording music as the
Everly Brothers, Don and Phil Everly disputed copyright ownership
of certain songs. Don sued Phil's estate, seeking declaratory
judgment that Don was the sole author of "Cathy's
Clown." After a bench trial, the district court held that Don
repudiated Phil's co-authorship of "Cathy's
Clown" and Phil failed to reassert his co-authorship rights
within the three-year timeframe provided by the Copyright Act. The
trial court also ruled that Phil's estate was "time-barred
from asserting he was a co-author as a defense," since the
Copyright Act time-barred him from asserting the same as a claim.
Don died in
