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Under Section 507(b) of the U.S. Copyright Act, an infringement claim isn’t timely filed “unless it is commenced within three years after the claim accrued.” In its recent decision in Starz Entertainment LLC v. MGM Domestic Television Distribution LLC, 21-55379 (9th Cir. 2022), the U.S. Court of Appeals for the Ninth Circuit noted: “Generally, the claim ‘accrues’ when the infringement or violation of one of the copyright holder’s exclusive rights occurs, known as the ‘incident of injury rule.’ In our circuit, and every other circuit to have reached the question, an exception to that infringement rule has developed. Known as the ‘discovery rule,’ a claim alternatively accrues when the copyright holder knows or reasonably should know that an infringement occurred.”
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New York Federal Jury Rejects First Amendment Defense In ‘MetaBirkins’ NFT Standoff
By Todd Larson and Yonatan Shefa
Perhaps no other area in the technology sector — save perhaps the recent explosion of generative AI models — has raised as many thorny intellectual property issues as the proliferation of Non-Fungible Tokens, or NFTs. Leading the charge have been cases addressing whether NFT makers who utilize other parties’ trademarks can turn to the First Amendment as a defense to trademark infringement.
How to Diversify the Pool of Inventors — and Improve Innovation
By Christine E. Hollis, Jonathan C. Hughley and David C. Read
Efforts to diversify the inventive population will not only foster innovation across a wide range of businesses and industries but will also help greatly expand the pool of inventors across racial, gender and ethnic categories, and the country as a whole will realize numerous benefits.
Music Rates and Royalties In 2023
By Jeff Brabec and Todd Brabec
Part One of a Two Part Article
A look at the most important music rate and royalty areas, both past, present and future and how and by whom they are set or determined as well as the effect that legislation, litigation, the Copyright Royalty Board and the Department of Justice have had on the process.
By Matthew Weiss
Federal Circuit: Prosecution Laches Applies to Patent Claiming 1987 Priority Date
Federal Circuit: Appellate Court Lacks Jurisdiction Over Interlocutory Appeal of Protective Order Dispute
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