Second Circuit Holds Time-Barred Copyright Ownership Claim Barred Copyright Infringement Claim

A somewhat long story short, plaintiff brought a copyright infringement claim that involved a dispute as to plaintiff's ownership of the copyright.  Finding that it was time-barred, the District Court granted summary judgment on plaintiff's copyright infringement claim.

The Second Circuit affirmed, holding that where, as in that case, the copyright ownership claim was time-barred and ownership is the dispositive issue, the copyright infringement claim is likewise barred, agreeing with the Sixth and Ninth Circuits.

The case cite is Kwan v. Schlein, No. 09-5205 (2d Cir. Jan. 25, 2011).

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