Re: Re: Statute of limitations on copyright infringement

At 6:00 PM -0400 4/12/06, John T. Mitchell wrote:
>While I agree with that black letter principle, I guess the question
>is when does a thief cease being a thief?

When he gives it back?

> In a case where neither the state nor the victim of the crime have
>any cause of action for theft (even though they each had one at one
>time), public policy for "quieting title" would seem to favor the
>[former] thief -- as when a trespasser eventually becomes the owner
>through adverse possession of real property.

At the risk of violating Godwin's Law, I'm not sure there is a public policy that favors quieting title in a thief, and the courts have gone out of their way to avoid that result in the context of artworks stolen from Jews by the Nazis, and cultural antiquities looted by archeologists. Good discussion here:
http://culturalpolicy.uchicago.edu/workshop/gerstenblith.html

The general rule that a thief can't convey good title, regardless of the statute of limitations, means that he might as well give it back because the unlawful possession that underlies an action for replevin would start a new limitations period when the property is sold or transferred, presumably even by gift or bequest. The thief can't live forever.

The article notes that some states have addressed the issue by adopting a rule that the statute of limitations on replevin does not begin to run until the owner demands the return of the property. There are equitable considerations that look to the owner's due diligence, and the possessor's good faith, but it seems like the courts manage to "do justice" when it comes right down to it.

John Noble
Independent Counsel
A different approach

>Jon
>
>On Apr 11, 2006, at 6:45 PM, John P. McNeill wrote:
>
>>My recollection is that title of stolen property never passes to a thief,
>>nor to anyone who takes from a thief.
>>
>>
>>
>>-----Original Message-----
>>From: CNI-COPYRIGHT -- Copyright & Intellectual Property
>>[mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of John T. Mitchell
>>Sent: Tuesday, April 11, 2006 12:01 PM
>>To: CNI-COPYRIGHT -- Copyright & Intellectual Property
>>Subject: [CNI-(C)] Re: Statute of limitations on copyright infringement
>>
>>On Apr 10, 2006, at 3:50 PM, Terry Carroll wrote:
>>
>>>On Fri, 7 Apr 2006, Joseph Pietro Riolo wrote:
>>>
>>>>My question is: Am I wrong about the statute of limitations on
>>>>copyright infringement?
>>>
>>>I don't think copyright infringement applies to these facts.
>>>
>>>In the facts stated, the guy stole some LP records from a radio
>>>station.
>>>That's theft, and not an infringement of copyright. It does not
>>>implicate the section 106(3) distribution right, because that right is
>>>limited to distribution to the public. Simply stealing a copy or
>>>phonorecord, and thereby "distributing" it to yourself, is not a
>>>distribution to the public.
>>
>>This raises a fascinating question for me. I agree that the facts (mere
>>theft) do not support any infringement of copyright. The advice indicated
>>that a distribution (to the public) would occur if they were donated to
>>charity. While this is true, the Section 109(a) right permits the
>>distribution by the "owner" of a lawfully made copy. The question that
>>comes to my mind is when, if ever, does a thief become an owner?
>>Once the
>>statue of limitations for theft and for any civil cause of action runs,
>>presumably the radio station could not get them back.
>>
>>The SOL may not begin to run until the radio station discovers that the DJ
>>stole them, but suppose the DJ confesses and the radio station does nothing.
>>Once the SOL runs, is the DJ free to redistribute them under Section 109(a)?
>>I would think so because the copyright owner is certainly not the owner of
>>the stolen albums, and the radio station would have given up any right to
>>reclaim them by virtue of the running of the SOL. Public policy would seem
>>to favor broad dissemination by allowing the thief to distribute them. Any
>>other thoughts.
>>
>>John
>>
>>John T. Mitchell
>>http://interactionlaw.com
>>
>>
>>
>>
>>
>>
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Received on Thu Apr 13 2006 - 22:45:45 GMT