Ninth Circuit Says Copyright Plaintiffs Can Reach Back More Than Three Years In Seeking Infringement Damages




Ninth Circuit Says Copyright Plaintiffs Can Reach Back More Than Three Years In Seeking Infringement Damages | Law.com
















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ANALYSIS

How far back from accrual of a claim may a plaintiff reach for copyright damages?

August 26, 2022 at 02:48 PM

5 minute read

By Stan Soocher

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What You Need to Know

  • Under the U.S. Copyright Act, an infringement claim isn’t timely filed “unless it is commenced within three years after the claim accrued.”
  • The Ninth Circuit recently adopted the ‘discovery rule’ exemption to that rule.
  • Under the ‘discovery rule,’ a claim alternatively accrues when the copyright holder knows or reasonably should know that an infringement occurred.

This article appeared in Entertainment Law & Finance, your monthly source for real-world news and strategy from major players in entertainment, contract and intellectual property law — serious analysis of the issues and case law that affect your practice.

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