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Copyrights Entertainment and Sports Law Litigation

U.S. Supreme Court Hears Arguments on Whether Copyright Plaintiffs Can Reach Back More Than Three Years for Infringement Damages

In a case of first impression, the Eleventh Circuit decided that a copyright plaintiff may recover damages that occur more than three years before a copyright lawsuit is filed.

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Under §507(b) of the U.S. Copyright Act, the statute of limitations for filing a copyright action is that it must be filed within three years of a claim accruing. It was a case of first impression for the U.S. Court of Appeals for the Eleventh Circuit, “that has divided our sister courts” the Eleventh Circuit noted, in deciding that a copyright plaintiff may recover damages that occur more than three years before a copyright lawsuit is filed. Nealy v. Warner Chappell Music Inc., 60 F.4th 1325 (11th Cir. 2023).

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