Prostar v. Massachi, 239 F.3d 669 (5th Cir. 2001)
Jan 17, 2001OUTCOME: Sucessfully argued the borrowing of Federal Copyright Statute of Limitation for Satellite & Cable Pracy cases in Louisiana
This case presents us with the task of determining the appropriate statute of limitations for an action brought under 47 U.S.C. §§ 553 and 605. As these provisions contain no express limitations period ... , the district court adopted the one-year prescriptive period for delictual actions under Louisiana law. Appellant Prostar argues that the court should have applied the three-year limitations period articulated in the federal Copyright Act. Alternatively, Prostar requests the application of either the ten-year limitations period for personal actions under Louisiana law or the three-year period applicable to actions under Article 3494 of the Louisiana Civil Code. We find that the limitations period governing actions under the Copyright Act is applicable and now reverse.
