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April 22, 2014

NYS Supreme opinion on CPLR statute of limitations for pre-72 copyrighted recordiings

On April 14, 2014, New York State Supreme Court Judge Shirley Kornreich issued an order addressing the statute of limitations under the CPLR for copyright infringements of pre-1972 sound recordings. Judge Kornreich sets up a possible split among the very few judges who have ruled on the issue in NY, as to whether it should be 3 years as under the federal Copyright Act, analogizing infringement to a tort or injury to property type claim, or the 6-year residual limitations period for causes of action for which there is no specific statute of limitations. The case is Capitol Records, LLC. v. Harrison Greenwich, LLC, Case. No. 652249/2012.