## Facts

- Cynthia Maurizio collaborated with Olivia Goldsmith in April–May 1990 on materials related to the novel *The First Wives’ Club*, including outlines and alleged draft chapters.
- Maurizio alleged Goldsmith promised to pay $10,000 for assistance with a promotional outline and unwritten chapters.
- The parties ceased working together after May 14, 1990.
- Maurizio alleged that on May 15 and 18, 1990, Goldsmith refused to formalize any co-authorship agreement and refused to give Maurizio co-author credit.
- By January 1991, Maurizio learned Goldsmith had completed the novel and sold rights to a film studio.
- In March 1992, Maurizio obtained the published novel and believed her language appeared in portions of it.
- Maurizio first sued in New York state court in 1991 on contract and related theories; that action was dismissed as preempted by the Copyright Act, and the dismissal was affirmed on appeal in 1995.
- Maurizio filed a federal action in June 1996 asserting, among other claims, joint authorship, copyright infringement, Lanham Act false designation, misappropriation of ideas, unfair competition, consumer-protection claims, and constructive trust.
- Goldsmith moved for summary judgment in the federal action.

## Issues

1. When did the claim for a declaration of joint authorship accrue for purposes of the Copyright Act’s three-year statute of limitations.
2. Whether the copyright infringement claim was time-barred in whole or in part under 17 U.S.C. § 507(b).
3. Whether New York “saving” provisions (including CPLR 205(a)) or the pendency of the earlier state action could toll or extend the federal limitations period.
4. Whether the Lanham Act and related state-law claims could survive summary judgment given the record disputes about contribution and attribution.

## Decision

- Summary judgment was granted in part and denied in part.
- The joint-authorship declaratory claim (and related accounting theory premised on co-authorship) was dismissed as time-barred under the Copyright Act’s three-year statute of limitations.
- The copyright infringement claim survived only for alleged infringing acts occurring within three years before the federal complaint was filed; earlier acts were time-barred.
- New York “saving” statutes and the earlier state-court filing did not toll or extend the Copyright Act’s limitations period.
- The court declined to treat Maurizio’s state-court pleadings as binding judicial admissions barring her federal theories.
- The Lanham Act claim, and state-law claims for misappropriation of literary ideas and unfair competition, were allowed to proceed due to genuine disputes of material fact.

## Legal Principles

- Civil actions under the Copyright Act must be commenced within three years after the claim accrues. 17 U.S.C. § 507(b).
- A joint-authorship claim accrues when the claimant is expressly repudiated as a co-author, or when the claimant knew or had reason to know of the repudiation; suit must be brought within three years of accrual.
- Copyright infringement is subject to a rolling limitations rule: recovery is available only for infringing acts within the three years preceding suit.
- State-law tolling or “saving” rules cannot be used to extend the Copyright Act’s express limitations period; uniform federal application controls.
- Prior pleadings in separate litigation are not automatically dispositive judicial admissions in later federal proceedings.

## Conclusion

The court held Maurizio’s joint-authorship claim untimely because repudiation and notice occurred years before the 1996 filing, limited any infringement recovery to the three-year period preceding suit, rejected state-law tolling of the federal limitations period, and permitted the Lanham Act, misappropriation, and unfair competition claims to proceed based on unresolved factual disputes about contribution and attribution.


Maurizio v. Goldsmith, 84 F. Supp. 2d 455 (S.D.N.Y. 2000)