No Smoke, No Fire: Clock On Architectural Copyright Claims Tolled Absent A "Triggering" Event

In a recent decision addressing when the clock begins to run on the statute of limitations for actions to enforce copyrights in building designs, the U.S. Court of Appeals for the First Circuit held that public visibility of the structure may not be enough—there must be "smoke" on the horizon (or its equivalent) to recognize the fire. Warren Freedenfeld & Assoc. v. McTigue, Case Nos. 07-1602, -1603 (1^st Cir., June 20, 2008) (Selya, Sr., J).

The defendant, a veterinarian, engaged the plaintiff, an architectural firm, to design and build a veterinary hospital. The agreement provided that the architect would remain the owner of the copyrights in all designs. After the relationship soured, the parties went their separate ways and the defendant retained a different firm to complete the hospital. A year later, the building opened its doors. Four more years passed uneventfully before the plaintiff saw a drawing