Discovery, Injury, and Diligence: Reconciling Subjective and Objective Copyright Limitations Standards Post-Warner Chappell
Briefly

The Supreme Court is considering a significant case concerning the interpretation of the Copyright Act's three-year statute of limitations. Central to the case is whether this timeline begins when copyright infringement occurs or when the copyright holder becomes aware of it. The matter becomes crucial as the legal system experiences a split among various circuits, with a tendency towards the discovery rule, albeit with differing interpretations. The case stems from photographs taken by Michael Grecco in 2017, leading to a lawsuit filed in 2021, against known entities in the fashion industry.
The Supreme Court is being asked to decide a case that could have a major impact on copyright law, focusing on the copyright infringement statute of limitations.
The key question is whether the Copyright Act's three-year statute of limitations runs from when infringement occurs or from when the copyright holder discovers it.
Currently, the circuits are split on this issue, with a prevailing preference for the discovery rule, but variations exist in its application.
The case revolves around photographs taken by Michael Grecco in 2017, with the lawsuit filed in 2021, highlighting issues of copyright timing.
Read at Patently-O
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