Urbont v. Sony Music Entertainment

863 F. Supp. 2d 279, 2012 WL 1034905, 2012 U.S. Dist. LEXIS 46277
CourtDistrict Court, S.D. New York
DecidedMarch 27, 2012
DocketNo. 11 Civ. 4516 (NRB)
StatusPublished
Cited by6 cases

This text of 863 F. Supp. 2d 279 (Urbont v. Sony Music Entertainment) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Urbont v. Sony Music Entertainment, 863 F. Supp. 2d 279, 2012 WL 1034905, 2012 U.S. Dist. LEXIS 46277 (S.D.N.Y. 2012).

Opinion

MEMORANDUM AND ORDER

NAOMI REICE BUCHWALD, District Judge.

Plaintiff Jack Urbont (“Urbont”) brings the instant suit against defendants Dennis Coles p/k/a Ghostface Killah, Sony Music Entertainment d/b/a Epic Records, and Razor Sharp Records, LLC (together with Sony Music Entertainment, “Sony”), alleging infringement of his rights to the musical composition and sound recording of the “Iron Man Theme.” Presently before the Court is Sony’s motion to dismiss as untimely: (i) Urbont’s federal copyright infringement claims as they relate to alleged acts of infringement occurring prior to May 21, 2007; and (ii) all of Urbont’s state law claims. For the reasons stated below, Sony’s motion to dismiss is granted with respect to Urbont’s federal claims and denied with respect to his state law claims.1

BACKGROUND2

Urbont is a “lifelong songwriter, conductor, orchestrator and music producer.” (AC ¶ 5.) His work has spanned across the realms of theatre, film, radio, and television. {Id. ¶ 10.) Urbont’s television work in particular has been extensive, having composed the themes and lyrics for The Guiding Light, One Life to Live, and General Hospital and developed music for shows including All My Children, That 70s Show, The Oprah Winfrey Show, and Live with Regis and Kathie Lee. {Id. ¶ 11.) In fact, Urbont earned Broadcast Music, Inc.’s TV/Film Pioneer Award in 1986. {Id. ¶ 15.)

Urbont developed the “Iron Man Theme” as the theme song for the “Iron Man” segment of the 1960s television show The Marvel Super Heroes. {Id. ¶ 5.) Urbont asserts that he has complied with all federal laws pertinent to the musical composition of the “Iron Man Theme,” most recently having filed a copyright renewal notice for the song in 1994. {Id. ¶ 21.) Urbont also asserts that he recording of the “Iron Man Theme” under New York law.3 {Id. ¶ 22.)

Urbont suggests that he has actively protected his interests in the “Iron Man Theme.” He claims to have taken action in 1995 when he believed New World Entertainment, Ltd. and Marvel Entertainment Group, Inc. were violating his rights, and he notes that the musical composition of the “Iron Man Theme” was properly licensed and used by Paramount Pictures in the 2008 film Iron Man. {Id. ¶¶ 18, 31.)

Defendant Coles is a well-known “musician, performer, and producer,” formerly a member of the group the Wu-Tang Clan. {Id. ¶ 8; D. Ex. 3.) In 2000, Coles released his second solo album, Supreme Clientele. [281]*281(D. Ex. 3.) Urbont alleges that Coles “copied verbatim” the sound recording and musical composition of the “Iron Man Theme” on the first and last tracks of Supreme Clientele, titled “Intro” and “Iron’s Theme — Conclusion,” respectively. (AC ¶¶ 23, 37.) Urbont further alleges that Sony, which released the album, has received substantial revenue from the distribution, reproduction, and display of these infringing works. (Id. ¶¶ 24, 26.)

Although he does not specify a precise date, Urbont implies that he first learned of the alleged infringement in late 2009 or early 2010. (Id. ¶ 39 (“Urbont learned of the wrongful use shortly before contacting defendants about their actions.”); Tr. of Oral Arg. at 11:17-12:3.) Urbont eventually entered into a tolling agreement with defendants which stopped the running of the statute of limitations on his claims as of May 21, 2010. (AC ¶ 39.)

Urbont filed a complaint in the instant matter on June 30, 2011 and filed the AC on August 29, 2011.4 The AC asserts claims for copyright infringement under the Copyright Act, 17 U.S.C. § 101 et seq., as well as claims under New York common law for copyright infringement, unfair competition, and misappropriation. Sony now moves to dismiss the portion of Urbont’s Copyright Act claims that stems from alleged acts of infringement prior to May 21, 2007 (i.e., three years prior to the tolling agreement), and all of Urbont’s state law claims, contending that these claims are untimely under the applicable statutes of limitations.

DISCUSSION

I. Pleading Standards

On a motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure, the Court must accept as true all factual allegations in the complaint and draw all reasonable inferences in the plaintiffs favor. ATSI Commc’ns, Inc. v. Shaar Fund, Ltd., 493 F.3d 87, 98 (2d Cir.2007); Grandon v. Merrill Lynch & Co., 147 F.3d 184, 188 (2d Cir.1998). Nonetheless, “[f]aetual allegations must be enough to raise a right of relief above the speculative level, on the assumption that all of the allegations in the complaint are true.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) (internal citation omitted). Ultimately, plaintiffs must allege “enough facts to state a claim to relief that is plausible on its face.” Id. at 570, 127 S.Ct. 1955. If plaintiffs “have not nudged their claims across the line from conceivable to plausible, their complaint must be dismissed.” Id. This pleading standard applies in “all civil actions.” Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1953, 173 L.Ed.2d 868 (2009) (internal quotation marks omitted).

II. Copyright Act Claims

Civil actions under the Copyright Act must be “commenced within three years after the claim accrued.” 17 U.S.C. § 507(b). The parties advance competing interpretations of the term “accrued” under this provision.

Under the injury rule, advanced by Sony, a claim accrues, at the time of each act of infringement, regardless of the copyright holder’s knowledge of the infringement. In contrast, under the discovery-rule, advocated by Urbont, a claim for copyright infringement does not accrue until the aggrieved party knows or has reason to know of the injury that forms the basis of the claim.

[282]*282Neither the Supreme Court nor the Second Circuit has ruled on the appropriate accrual rule for federal copyright infringement claims. In Stone v. Williams, 970 F.2d 1043 (2d Cir.1992), the Second Circuit did interpret 17 U.S.C. § 507(b), but it did so in the context of a copyright ownership claim rather than a copyright infringement claim. The court applied the discovery rule to the ownership claim in question, see id. .at 1048-49, and the Second Circuit has applied the discovery rule in the ownership context on at least three subsequent occasions. See Kwan v. Schlein, 634 F.3d 224, 228 (2d Cir.2011);5 DeCarlo v.

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Bluebook (online)
863 F. Supp. 2d 279, 2012 WL 1034905, 2012 U.S. Dist. LEXIS 46277, Counsel Stack Legal Research, https://law.counselstack.com/opinion/urbont-v-sony-music-entertainment-nysd-2012.