Copyright Act Does Not Create A Separate Time-Based Damages Bar For Timely Claims

The Copyright Act provides that an action for copyright infringement must be commenced "within three years after the claim accrued." 17 U.S.C. § 507(b). The Supreme Court has not analyzed when copyright claims accrue under the statute, but the lower federal courts have. Although some federal trial courts previously held that copyright claims accrue when an infringing act occurs (the "injury rule"), the federal trial and appellate courts now uniformly hold that such claims accrue when claimants discover or with due diligence should have discovered the infringing act (the "discovery rule"). Despite the uniformity with respect to which accrual rule governs, the Fifth, Ninth, and Eleventh Circuit Courts of Appeal allowed successful claimants to recover damages starting from whenever the infringement at issue began, but the Second Circuit limited such claimants' recovery to the three-year period prior to suit.