Copyright Damages Can Surpass 3-Year Limit, 11th Cir. Rules (1)

Feb. 27, 2023, 7:00 PM UTCUpdated: Feb. 27, 2023, 11:06 PM UTC

Copyright owners can recover monetary damages in lawsuits based on infringement that occurred more than three years before they filed a lawsuit, a three-judge panel for the Eleventh Circuit ruled Monday in an issue of first impression for the court that widens a split among federal appeals courts.

The Atlanta-based panel became the latest to weigh in on whether plaintiffs in copyright suits can reach beyond the Copyright Act’s three-year statute of limitations to recover damages. The New York-based Second Circuit has held that damages are bound by the statute of limitations, while the California-based Ninth Circuit ruled last year ...

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