SCOTUS: No Time Limit on Damages for Copyright Infringement

The Copyright Act’s statute of limitations, section 507(b), provides that no “civil action shall be maintained . . . unless it is commenced within three years after the claim accrued.” 17 U.S.C. § 507(b). In interpreting this provision, circuit courts have taken opposing views. Some courts have held that a copyright claim “accrues” when an infringing act occurs, known as the incident of injury rule. By contrast, other courts have adopted an approach termed “the discovery rule” and determined that a copyright claim “accrues” when “the plaintiff discovers, or with due diligence should have discovered” the infringing act. To resolve this split, the United States Supreme Court granted certiorari in Warner Chappell Music, Inc. v. Nealy.

On May 9, 2024, the Supreme Court issued its decision and held that a copyright owner may obtain monetary relief for any timely infringement claim, no matter when the infringement occurred—in other words, there is no time limit on damages.

Read more on Warner Chappell Music, Inc. v. Nealy here.