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ARTICLE · 03 AUGUST 2022

Lit Alerts—July 2022

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In July 2022, the US Court of Appeals for the Ninth Circuit held that the Copyright Act's three-year statute of limitations for copyright infringement claims, 17 U.S.C. § 507(b)...

United StatesLitigation, Mediation & Arbitration
John D. Lombardo
John D. Lombardo
David J. Weiner
David J. Weiner
Patrick Hall
Patrick Hall
Amanda J. Raines
Amanda J. Raines
Nicholas Zebrowski
Nicholas Zebrowski
Kathleen M. McCarte
Kathleen M. McCarte
Mohamed Al-Hendy
Mohamed Al-Hendy
Kathleen P. Duffy
Kathleen P. Duffy
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Copyright: Ninth Circuit Rejects a Three-Year "Damages Bar" in Copyright Infringement Cases

In July 2022, the US Court of Appeals for the Ninth Circuit held that the Copyright Act's three-year statute of limitations for copyright infringement claims, 17 U.S.C. § 507(b), is subject to the common "discovery rule" and does not impose a separate "damages bar" that limits a plaintiff's recovery to the preceding three years, regardless of when the plaintiff discovered the alleged infringement. See Starz Entertainment, LLC v. MGM Domestic Television, LLC, Case No. 21-55389 (9th Cir. July 14, 2022). The Starz court disagreed with and criticized the US Court of Appeals for the Second Circuit's opinion in Sohm v. Scholastic, Inc., 959 F.3d 39 (2020), which recognized such a "damages bar," creating a significant split between two of the country's busiest circuits for copyright infringement cases.

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