START A PETITION 25,136,189 members: the world's largest community for good
Apr 13, 2006
Focus: Human Rights
Action Request: Petition
Location: United States

Copyright - Get Rid of the 3-year Statute of Limitations

Petition for Judicial Review and Redress of
Grievances; and
Petition to Strike The Three Year Statute of
Limitations and Establish a Committee of Copyright
Litigators to Defend the Intellectual Property Rights
of The Common People

   Petition to Strike the Three Year 'Statute Of
Limitations' of Title 17, Section 506(a) of the United
States Copyright Laws and establish a fund for the
collaboration of a committee of Copyright Litigators
to defend the 'collective rights' of United States
citizens who cannot afford Representation on their
own, as long as 2/3rds of the criteria for such
litigation is met, not including willful and reverting
back to the 'United States Constitution' and the 'Bill
of Rights'.

The 3 year Statute of Limitations is Contradictory to
the established laws as outlined in the Constitution,
Bill of Rights, and the Copyright laws, respectively.

CITATION 1 - The Constitution of the United States

Powers Granted to Congress, ( as applies )

The Congress shall have power:

Article I, Section 8(8) To Promote the progress of
Science and useful Arts by securing for limited times
to Authors and inventors the exclusive right to their
respective writings and discoveries.

ARTICLE III; The Judicial Branch ( as applies )

SECTION 2(1)  The judicial power shall extend to all
cases, in law and equity, under this Constitution, the
laws of the United States, and treaties made, or which
shall be made, under their authority; ... to
controversies between citizens of different States,

NOTE: Equity as defined in the Merriam-Webster

1a. justice according to natural law or right;
specifically: freedom from bias or favoritism.

2a: a system of law originating in the English
chancery and comprising a settled and formal body of
legal and procedural rules and doctrines that
supplement, aid, or override common and Statute law
and are designed to protect rights and enforce duties
fixed by substantive law.
b. trial or remedial justice under or by the rules and
doctrines of equity.
c: a body of legal doctrines and rules developed to
enlarge, supplement, or override a narrow rigid system
of law.

3a: a right, claim, or interest existing or valid in
b: the money value of a property or of an interest in
a property in excess of claims against it.
c: a risk interest or ownership right in property.
d: ( does not apply. )


This Constitution, and the laws of the United States
which shall be made in pursuance thereof; and all
treaties made, or which shall be made, under authority
of the United States, shall be the supreme law of the
land; and the judges in every state shall be bound
thereby, anything in the Constitution or laws of any
state to the contrary notwithstanding.


The Senators and representatives before mentioned, and
the members of the several state legislatures, and all
executive and judicial officers, both of the United
States and of several states, shall be bound by oath
or affirmation, to support this Constitution; ( but no
religious etc...., does not apply. )

CITATION 2; - The Bill of Rights, ( as applies )

Amendment 1: Freedom of religion, speech, and the
press; rights of assembly and petition

Congress shall make no law respecting an establishment
of religion, or prohibit the free exercise thereof; or
abridging the freedom of speech, or of the press;
right of the people to peaceably assemble, and to
petition the government for redress of grievances.

NOTE: Merriam-Webster dictionary defines 'redress' as;

1a: a relief from distress, b: means or possibility of
seeking a remedy
2: compensation for wrong or loss.
3: ( does not apply. )

Amendment 14: Civil Rights

All persons born or naturalized in the United States,
and subject to the jurisdiction thereof, are citizens
of the United States and of the state wherein they
reside. No state shall make or enforce any law which
shall abridge the privileges or immunities of citizens
of the United States; nor shall any state deprive any
person of life, liberty, or property without due
process of law; nor deny to any person within its
jurisdiction the equal protection under the laws.

NOTE: The Copyright Laws as established and amended,
"Guarantee" the "Protection" of these rights to be for
seventy years after the death of the Author. The 3
year Statute inhibits and undermines the growth and
progress of the 'Arts' as a whole.

Large Corporations have little fear of Prosecution
and/or Civil Litigation arising from acts of
Infringement with the 3 year Statute acting as a
shield from Justice and encourages Infringement
against Authors, Artists, etc., who are without the
monetary means in which to defend such a claim,
therefore reducing " and Justice For All  ", and
" Equal Protection Under The Law " to just plain

Therefore, the 3 year Statute is discriminatory and
biased as it promotes Infringement and is
contradictory to the established laws of ' The
Constitution of The  United States ', ' The Bill Of
Rights ' and  the ' Copyright Law ' in its entire
essence and undermines our legal system, leaving the
common people with no ' Guaranteed Protection under
the law.'

CITATION 3. - The  'Intellectual Property Protection
Restoration Act of 2003', (H.R.2344), 108th Congress,
1st Session, June 5th 2003 was meant, "To restore
Federal remedies for infringements of intellectual
property by States, and for other purposes."

Section 2. PURPOSES, The purposes of this Act are
to... (as applies)

(2) promote technological innovation and artistic
creation in furtherance of the policies underlying
Federal laws and international treaties relating to
intellectual property;

(3) reaffirm the availability of prospective relief
against State officials who are violating or who
threaten to violate Federal intellectual property

NOTE: The 3 year Statute undermines 'artistic
creation', and uses our court Justices as pawns to
break the established laws by barring litigation and
diminishing our ' Copyright  Protection ' to a mere 3

PROPERTY. ( as applies )

(a) DUE PROCESS VIOLATIONS - Any State or State
instrumentality that violates any of the exclusive
rights ...  of a copyright owner, author ... under
title 17, United States Code, in a manner that
deprives any person of property in violation of the
fourteenth amendment of the United States
Constitution, shall be liable to the party injured in
a civil action in Federal court for the harm caused by
such violation.

(b) TAKINGS VIOLATIONS - ( as applies )

(1) IN GENERAL - (This paragraph is exactly like the
previous DUE PROCESS VIOLATIONS, except that it adds
to it violations under the fifth amendment as well.)

(2) EFFECT ON OTHER RELIEF - Nothing in this
subsection shall prevent or affect the ability of a
party to obtain declaratory or injunctive relief under
section 4 of this Act or otherwise.

(c) COMPENSATION - Compensation under subsection (a)
or (b), [as described previously],
(1) may include actual damages, profits, statutory
damages, interest, costs, expert witness fees, and
attorney fees, as set forth in the appropriate
provisions of title 17 or 35, United States Code,


(b) BROAD CONSTRUCTION - This Act shall be construed
in favor of a broad protection of intellectual
property, to the maximum extent permitted by the
United States Constitution.

NOTE: By limiting Infringement Prosecution and
Litigation  the United States Justices become liable
for the infringements committed by others if they
uphold the Statute as it stands by disallowing such
suits and the prosecutions, thereof.

The 'Intellectual Property Protection Restoration Act
of 2003'  invalidates the 3 year Statute as it stands,
by reverting  the Rights back to the 'Constitution of
The United States', and  should not be allowed as a
means for defense and escape from litigation in the
courts of the United States, as it has already become
null and void.

CITATION 4 - Private Property Rights Restoration Act
(S 145 I, 104th Congress, 1st Session; -

To provide appropriate protection for the
Constitutional guarantee of private property rights,
and for other purposes.

( as applies )

(a) CAUSE OF ACTION - (1) The owner of ANY real
property shall have cause of action against the United
States if;

(A) the application of a statute, regulation, rule,
guideline, or policy of the United States restricts,
limits, or otherwise takes a right to real property
that would otherwise exist in the absence of such
application; and

( such application described in subparagraph (A)
would result in a discrete and non-negligible
reduction in the fair market value of the affected
portion of real property.

NOTE; Fair market value is always diminished where
infringement occurs.

SECTION (2)(2)

RECOVERY - In any action filed under this Act, the
owner may elect to recover --

(1) a sum equal to the diminution in the fair market
value of the portion of the property affected by the
application of a statute, regulation, rule, guideline,
or policy described under subsection (a)(1)(A) and
retain title; or

(2) the fair market value of the affected portion of
the regulated property prior to the government action
and relinquish title to the portion of property

NOTE; Government action in this case would be to bar
litigation after 3 years have passed in  a possible
infringement case.


(a) APPLICATION - This Act shall apply to the
application of any statute, regulation, rule,
guideline, or policy to real property, if such
application occurred or occurs on or after
January 1,1994


Nothing in this Act shall restrict any remedy or any
right which any person (or class of persons) may have
under any provision of the United States Constitution
or any other law.

NOTE; It states, "or class of persons". This includes
people that cannot afford litigation.

Citations 3 and 4 were found at;
Click here:

To get to the 'Private Property Rights Restoration
from the 'Intellectual Property Restoration Act of
you should click on the 'New Bills Search', then click
'104th'. On the new page you go to the 
'Word/Phrase' box and insert 'Private property rights
restoration act', it will take you there.

(lines 3, 4 & 5, as applies)

United States v. Shabazz, 724 F.2d 1536, 1540 (11th
Circuit 1984 )   In copyright infringement actions,
the period of limitations begins on the date of the
last infringing act..., etc.

Citation 5 was found in the pages of the offices
of the United States Department of Justice at;

Click on Criminal Remedies for Copyright Violations,

Equal justice under the law cannot be met with a 3
year statute barring legitimate litigation if the
monetary means to protect it cannot be found within
that short period of time. The statute is
Unconstitutional and biased, and therefore should be
stricken from the laws as a means of defense against
litigation. Most Copyright Infringement cases against
large Corporations may well prove  to be Felonies with
the monetary value far exceeding that  which is
required by the copyright laws, and yet they are not
prosecutable because they hinge on civil litigation
taking place first. Was a Felony still committed? It
is my belief that it still was, and it should still be

In conclusion, the 3 year statute has no place in our
current Judicial system, as it is used as  a means to
escape justice, and thus, it promotes the acts of
infringement that the laws were purportedly  made to
protect us from.

Thank you for your time and consideration, Darlene


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