Credit: Olivier Le Moal/Adobe Stock Reasonable Diligence Under the Discovery Rule
Until the court squarely holds otherwise, plaintiffs seeking the benefit of the discovery rule will bear the burden of showing that no reasonable copyright owner, similarly situated, should have discovered the infringement before plaintiff did in fact discover it.
July 18, 2024 at 10:00 AM
7 minute read
Under §507(b) of the Copyright Act, an infringement claim is timely only if it is commenced within three years after the claim "accrue[s]." Eleven of the 13 circuits, including the U.S. Court of Appeals for the Second Circuit, have interpreted this language to permit claims to be deemed timely if they are filed within three years after the plaintiff discovered, or "with due diligence should have discovered," the infringement of its rights.
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