must be shown that there was passage of time combined with some prejudice to the party asserting the defense of laches. … Laches is concerned mainly with the question of the inequity of permitting a claim to be enforced and depends on whether the plaintiff has been wanting in due diligence.” In re Yeager Bridge Co., 150 Mich.App. 386, 398, 389 N.W.2d 99 (1986) (quoting Rofe v. Robinson (On Second Remand), 126 Mich.App. 151, 154, 336 N.W.2d 778 (1983)); see also Lothian v. City of Detroit, 414 Mich. 160, 168–70, 324 N.W.2d 9 (1982).
20. VCX became aware of the copyright problem sometime after March of 1979. It delayed in filing suit until almost four years later. Nonetheless, VCX’s awareness of the copyright problem is not the only factor in determining the applicability of laches. VCX had no duty to begin a legal action until it reasonably could conclude that one was necessary. In other words, VCX had no reason to bring an action until it could reasonably conclude that Weisberg’s inaction, with regard to affixing the copyright notice upon the prints of the film in theatrical distribution, had destroyed the only chance of copyright protection for the film.
21. A copyright notice must consist of specified form including (1) the symbol ©, the word Copyright, or the abbreviation Copr.; (2) the year of the first publication; and (3) the name of the copyright owner. The copyright notice must be “affixed to” the work. 17 U.S.C. § 401.
22. The offering of copies of a movie to a group of motion picture theatres for the purpose of public performance is a publication triggering the notice requirements of § 401. See H. Rept. No. 1476, 94th Cong., 2d Sess. 138, reprinted in 1976 U.S.Code Cong. & Ad.News 5659, 5754 [hereinafter House Report]; 1 M. Nimmer, Nimmer on Copyright § 4.11[A] [hereinafter Nimmer].
23. Unless the omission of a copyright notice is excused, publication of a work without proper notice of copyright affixed injects the work into the public domain. 17 U.S.C. § 405(a), 2 Nimmer, supra, § 7.14[A].
24. An omission of a copyright notice is excused if “registration for the work has been made before or is being made within five years after the publication without notice, and a reasonable effort is made to add notice to all copes or phonorecords that are distributed to the public in the United States after the omission has been discovered … .” 17 U.S.C. § 405(a)(2).
25. Although Weisberg satisfied the registration requirement, he made no effort to add a copyright notice to the film. See Shapiro & Son Bedspread Corp. v. Royal Mills Associates, 764 F.24 69, 73 (2d Cir.1985) (“It nevertheless seems clear that if no effort is made to add proper notice to copies distributed to the public after the defective notice is discovered, no cure is accomplished.”).
26. If Weisberg had acted properly, he could have resurrected the film’s copyright and thus conveyed exclusive rights to VCX. See, e.g., Hasbro Bradley, Inc. v. Sparkle Toys, Inc., 780 F.2d 189, 195 (2d Cir.1985) (registration “redounds to the benefit of the assignor as well as the assignee”). Compare Hasbro Bradley, Inc., supra, O’Neill Developments, Inc. v. Galen Kilburn, Inc., 524 F.Supp. 710 (N.D.Ga.1981), and House Report, supra, at 147, reprinted in 1976 U.S.Code Cong. & Ad.News, at 5763 (even deliberate omissions are curable under § 405(a)(2)) with Beacon Looms, Inc. v. Sl. Lichtenberg & Co., 552 F.Supp. 1305 (S.D.N.Y.1982) and 2 Nimmer, supra, § 7.13[B][3]) (only an unintentional omission of a copyright notice can be cured by compliance with the “reasonable effort” requirement and registration within five years).
27. Although Arno asked Weisberg for copyright protection of the film in early 1979, Weisberg first became aware of the legal significance of the omission of the copyright notice from the film in January of 1981. Weisberg thus received “notice” of the defect at that latter date. See M. Kramer Mfg. Co. v. Andrews, 783 F.2d 421, 443 & n. 21 (4th Cir.1986). Weisberg’s failure to take reason-
