The Statute of Limitations Invoked to Dismiss Copyright Claims (Source: NYSBA EASL Blog)

Joel L. Hecker, counsel for Gideon Lewin, in the ongoing case of Gideon Lewin v. The Richard Avedon Foundation (2015) offers some comments on the case that invoked statute of limitations in a copyright claim. 

Following, is an excerpt from the Hecker’s article:

“On June 26, 2015, a decision of interest concerning the application of the statute of limitations and work made for hire doctrine in connection with copyright litigation was issued in the Southern District of New York. The case is Gideon Lewin vs. The Richard Avedon Foundation, docket No. 11-cv-8767 (KMW) (FM). The court dismissed the The Richard Avedon Foundation’s (the Foundation) affirmative claims that photographs created by Lewin while he was acting as studio manager for Richard Avedon between 1965 and 1980 were works made for hire, since it waited too long to raise the defense. However, the work made for hire argument, ruled the court, is still available as an affirmative defense to Lewin’s suit for declaratory judgment that he owns such copyrights.”

Full text available here.