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Copyright Act Appeal: When does a claim accrue?

The Supreme Court of the United States recently decided a case dealing with the statute of limitations on a copyright claim.

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In Warner Chappelle Music, Inc. v. Nealy, the question arose as to when plaintiffs could obtain damages. Even if a plaintiff was able to show that they sued within three years of learning about a violation with due diligence, some courts had decided that monetary relief was more limited. 

The District Court quickly certified this case for interlocutory appeal, and the 11th Circuit held that a plaintiff who filed a timely claim could still be entitled to money damages. SCOTUS took the case following a circuit split, and affirmed the 11th Circuit’s decision.

The Supreme Court noted that it had never decided whether the so-called “discovery rule” was proper, but that question was not appealed. The Court held that there was no time limit on damages for copyright infringement so long as the claim itself was timely.

Takeaways: Pay close attention to the statute of limitations and assignments of error! SCOTUS specifically mentioned that one side’s briefing focused on an issue that wasn’t properly before the court.  Have questions about a copyright act violation appeal, or want to discuss assignments of error? 

Contact me for a free consultation 

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