Copyright Infringement Damages Are Not Limited to Three Years, Supreme Court Says

Copyright holders can seek past damages for infringement beyond the three years prior to the timely filing of their infringement suits, a divided U.S. Supreme Court ruled Thursday.

But the court, in its 6-3 decision, left perhaps for another day a ruling on when exactly the three-year clock for filing an infringement case begins: when the infringement occurred or when the holder discovered or should have discovered the copyright was infringed. So, in its decision regarding damages, the court “assume[d] without deciding that a claim is timely” if brought within three years of the infringement’s discovery regardless of when the infringement occurred.

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