Supreme Court Assumes ‘Discovery Rule’ Applies to Copyright Damages

Herrick counsel, Barry Werbin, was quoted in the Thomson Reuters Westlaw IP Journal discussing the conclusion of the Warner Chappell Music Inc. et al. v. Nealy case where the Supreme Court has held that the three-year copyright complaint statute of limitations may be extended if the infringement suit is deemed "timely."

Barry explained that "the court's decision now extends indefinitely the reach-back period for copyright infringement damage claims once a claim is found to have been timely filed and has the potential to open the floodgates for infringement claims by rights owners seeking monetary damages in the form of profits." 

Resources

• Thomson Reuters Westlaw IP Journal