U.S. Supreme Court building in Washington, D.C. Photo: Diego M. Radzinschi/ALM SCOTUS Hears Arguments on Reach Back Term Three Years for Copyright Infringement Damages
In a case of first impression, the Eleventh Circuit decided that a copyright plaintiff may recover damages that occur more than three years before a copyright lawsuit is filed.
March 21, 2024 at 01:45 PM
5 minute read
What You Need to Know
- Under the Copyright Act, the statute of limitations for filing a copyright action states that it must be filed within three years of a claim accruing.
- The case arose out of a copyright infringement action brought by a music producer against Warner Chappell Music and Artist Publishing Group.
Under §507(b) of the U.S. Copyright Act, the statute of limitations for filing a copyright action is that it must be filed within three years of a claim accruing. It was a case of first impression for the U.S. Court of Appeals for the Eleventh Circuit, "that has divided our sister courts" the Eleventh Circuit noted, in deciding that a copyright plaintiff may recover damages that occur more than three years before a copyright lawsuit is filed. Nealy v. Warner Chappell Music Inc., 60 F.4th 1325 (11th Cir. 2023).
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