Circuit Split on Larger Copyright Damages Invites Forum Shopping

A divide among federal appeals courts over the breadth of monetary damages in copyright disputes could spur litigants to target courts on the West Coast and in the Southeast that would allow financial recoveries reaching back over a longer time period.

Earlier this week, the Atlanta-based US Court of Appeals for the Eleventh Circuit widened a circuit split on the issue, finding that rights holders can sue for damages from a period beyond copyright law’s three-year statute of limitations.

The expanded damages horizon is a legal boon for copyright plaintiffs in that circuit, including those from music, film, art, publishing ...