Copyright Infringement Remedies Expanded

The US Supreme Court recently upheld the use of the discovery rule to determine whether a copyright infringement claim is timely. Under this rule, a claim accrues when the plaintiff discovers or, with due diligence, should have discovered the infringing act. The court also ruled the discovery rule does not limit damages. As long as the claim is brought within three years, all infringement damages are available even for periods beyond three years.

WHY THIS IS IMPORTANT... In addition to confirming that the discovery rule applies, this decision makes damages available for all periods prior to discovery. As a result, the scope of copyright infringement and copyright infringement damages is now expanded.