Wednesday, February 23, 2005
The U.S. Court of Appeals for the Sixth Circuit has handed rapper Kid Rock a victory in a breach of contract action by former associates who claimed a share of his songs and his performances under a 1989 contract. In the case, the Kid wrote a letter to the plaintiffs in 1990 saying that he did not intend to comply with the contract. The plaintiffs waited ten years to sue.
Too late, said the court. It adopted the "complete preemption" doctrine, noting that the claims arose out of the Kid’s use of the copyrighted materials. Hence, the three-year statute of limitations applied. Robert Ritchie v. Alvin B. Williams, No. 03-1279 (6th Cir. Jan. 11, 2005)