Supreme Court Makes It Clear There Is No Three-Year Limit On Copyright Damages

Earlier this month, the Supreme Court affirmed the Eleventh Circuit's ruling that a copyright plaintiff can recover damages for infringements occurring before the three-year statute of limitations, as long as the suit is timely filed under the discovery rule.

This decision resolves a previous circuit split on the limitation of copyright damages to three years, impacting software copyright and software breach of license cases (which also frequently involve copyright issues.) The ruling now changes the landscape for commencing new software copyright claims and devising defense strategies for such claims.

Here is a link to the Warner Chappell Music, Inc. v. Nealy decision.