Hoste v. Radio Corp. of Am., 654 F.2d 11 (6th Cir. 1981). · Go Syfert
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Hoste v. Radio Corp. of Am., 654 F.2d 11 (6th Cir. 1981). Cases Citing This Book View Copy Cite
50 citation events (28 in the last 25 years) across 22 distinct courts.
Strongest positive: Randy Matthew Cordero v. California Dep't of Corr. & Rehab., No. 3:21-cv-01609 (S.D. Cal. Dec. 20, 2022)
Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981 2003 2026
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At page 11 Rejecting continuing tort theory and precedent9 citing casesholding that the three-year statute of limitations of the Copyright Act barred recovery of any claims based on damages accruing more than three years before the complaint was filed1 citing court put it this way
  • Rocking Chair Enter., L.L.C. v. MacErich SCG Ltd. P'ship, 407 F. Supp. 2d 1263 (W.D. Okla. 2005).published
    Ltd., 371 F.3d 883, 890 (6th Cir.2004); Hotaling v. Church of Latter-Day Saints, 118 F.3d 199, 202 (4th Cir.1997); Roley, 19 F.3d at 481 ; Makedwde Publishing Co. v. Johnson, 37 F.3d 180, 182 (5th Cir.1994); Stone v. Williams, 970 F.2d 104…
  • Fisher v. United Feature Syndicate, Inc., 37 F. Supp. 2d 1213 (D. Colo. 1999).published
    Roley v. New World Pictures, Ltd., 19 F.3d 479, 481 (9th Cir.1994); Stone v. Williams, 970 F.2d 1043, 1049-50 (2d Cir.1992), ce rt. denied, 508 U.S. 906 , 113 S.Ct. 2331 , 124 L.Ed.2d 243 (1993); Hoste v. Radio Corp. of America, 654 F.2d 1…
  • Iverson v. Grant, 946 F. Supp. 1404 (D.S.D. 1996).published
    (holding that the three-year statute of limitations of the Copyright Act barred recovery of any claims based on damages accruing more than three years before the complaint was filed)
  • Makedwde Publ'g Co., Ron Publ'g Co., Ric Records v. Alvin Lee Johnson, Sr., Lyman L. Jones, 37 F.3d 180 (5th Cir. 1994).published
    Jones asserts that the court should reject the continuing tort theory and follow decisions of Hoste v. Radio Corp. of America, 654 F.2d 11, 11 (6th Cir.1981) and Stone v. Williams, 970 F.2d 1043 (2nd Cir.1992), cert. denied, — U.S. —, 113…
  • Makedwde Pub. Co. v. Johnson, No. 93-03274 (5th Cir. Oct. 20, 1994).published
    Jones asserts that the court should reject the continuing tort theory and follow decisions of Hoste v. Radio Corp. of America, 654 F.2d 11, 11 (6th Cir. 1981) and Stone v. Williams, 970 F.2d 1043 (2nd Cir. 1992), cert. denied, 113 S.Ct. 23…
  • Stone v. Williams, 970 F.2d 1043 (2d Cir. 1992).published
    See, e.g., Hoey v. Dexel Systems Corp., 716 F.Supp. 222, 223-24 (E.D.Va.1989); Gaste v. Kaiserman, 669 F.Supp. 583, 584 (S.D.N.Y.1987); Hoste v. Radio Corp. of America, 654 F.2d 11, 11-12 (6th Cir.1981) (per curiam). 20 The same rule that…
  • Stone v. Williams, 970 F.2d 1043 (2d Cir. 1992).published
    See, e.g., Hoey v. Dexel Systems Corp., 716 F.Supp. 222, 223-24 (E.D.Va. 1989); Gaste v. Kaiserman, 669 F.Supp. 583, 584 (S.D.N.Y.1987); Hoste v. Radio Corp. of America, 654 F.2d 11, 11-12 (6th Cir.1981) (per curiam).
  • King Empire, Inc. v. Milan Courtyard Homes, Ltd., 173 F. Supp. 2d 649 (S.D. Tex. 2001).published
    (interpreting section 507(b) as barring recovery of any claims for damages which accrued over three years prior to the lawsuit)
  • Rouse v. Walter & Assocs., L.L.C., 513 F. Supp. 2d 1041 (S.D. Iowa 2007).published
    “No civil action shall be maintained under the provisions of this title unless it is commenced within three years after the claim accrued.” 17 U.S.C. § 507 (b). • “A cause of action for copyright infringement accrues when one has knowledge…
At page 12 “We conclude that summary judgment was inappropriate.”1 citing casethe opinion's own words at *12
Other citing cases8 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Catherine HOSTE
v.
RADIO CORPORATION OF AMERICA Record Sales, Inc. Allied Artists Pictures Corporation Hill and Range Songs, Inc. Don Robertson Hal Blair Vernon E. Presley, of the estate of Elvis Presley, deceased Gladys Music, Inc.
No. 79-1561.
Court of Appeals for the Sixth Circuit.
Jul 7, 1981.
Published opinion
654 F.2d 11
1981 U.S. App. LEXIS 11683
Catherine Hoste, pro se., Ernest I. Gifford, John F. Hunt, Van Ophem, Sheridan & Sprinkle, P.C., Birmingham, Mich., for plaintiff-appellant., Herbert Rollins, Rollins & Rollins, Thomas G. Rollins, Detroit, Mich., for defendantsappellees.
Kennedy, Lively, Merritt.
Cited by 19 opinions  |  Published
PER CURIAM.

The plaintiff appeals from an order granting summary judgment to all defendants in this case claiming copyright infringement. Plaintiff obtained a copyright of her song “As Long As I Have You” in 1946 and a renewal in 1974 as an unpublished composition. In her pro se complaint filed on March 9, 1978, she stated that she heard Elvis Presley sing a song, “I’m Yours” on September 2, 1965 and that the Presley song was practically identical to hers except for some changes in the lyrics. She also alleged that “I’m Yours” continued to be performed after 1965.

The district court held that the Copyright Act provides a three year statute of limitations which bars recovery of any claims of plaintiff for damages which accrued prior to March 9, 1975. 17 U.S.C. § 507(b). We agree and affirm the judgment to that extent.

The district court further held that recovery of damages for the period subse[*12]quent to March 9, 1975 is barred by laches. The defendants filed no affidavits in support of their motion for summary judgment. Thus there was no evidence of prejudice to them by reason of the plaintiff’s delay in filing this action. A showing of prejudice is a requirement for application of the doctrine of laches. The district court apparently determined that prejudice to the defendants could be presumed from the inordinate delay in bringing this action.

We conclude that summary judgment was inappropriate. The complaint raised material issues of fact as to whether the delay in bringing suit was unreasonable and whether the defendants were prejudiced by the delay. Any presumption of injury to the defendants would merely shift the burden to the plaintiff to show absence of prejudice; it would not be a proper basis for summary judgment. See Watkins v. Northwestern Ohio Tractor Pullers, 630 F.2d 1155 (6th Cir. 1980).

The plaintiff is now represented by counsel, and the issues should be developed without difficulty on remand.

The judgment of the district court is reversed insofar as it granted summary judgment on the laches issue. The cause is remanded for further proceedings.