U.S. Supreme Court,
Intellectual Property
Mar. 13, 2023
A circuit split in copyright law: Will the Supreme Court resolve it?
Given a circuit split, plaintiffs seeking to recover for infringements occurring more than three years from suing currently have an incentive to sue in the Ninth or Eleventh Circuits, and to avoid the Second Circuit where such relief is barred.
Last month, the Eleventh Circuit deepened a split among the federal Courts of Appeals on an important issue in copyright law: Under the discovery rule, can plaintiffs recover for infringements that occurred more than three years before suing?
The Copyright Act provides that “[n]o civil action shall be maintained under the [Act] unless it is commenced within three years after the claim accrued.” 17 U.S.C. § 507(b). But when does an infringem...
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