About Hummels


At this point, some readers may say, huh? How can a statute of limitations for copyright infringement bar a state law claim for an accounting of profits between co-authors brought under diversity jurisdiction? The answer according to the majority is that the accounting cause of action was predicated on there being co-authorship status; if there can be no such co-authorship claim because the statute of limitations bars even a facial assertion of co-authorship status, there can be no possible accounting cause of action. The majority found the copyright limitations indeed barred the co-authorship claim, and hence affirmed dismissal of the claim.

You know you have crossed a threshold when you start finding copyright law funny. I couldn’t read Patry’s post about the I.P. issues surrounding Hummels without thinking of About Schmidt. There’s also a funny (to me at least) bit about Hummel photographer knock-offs.