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Why the Supreme Court’s Latest Copyright Ruling May Be Short-Lived

Copyright Lately

That’s because it does away with a nationwide split among appellate courts, including a 2020 ruling by the influential Second Circuit Court of Appeals that limited copyright infringement damages to three years before the filing of a lawsuit, even if the plaintiff had been unaware of earlier infringements.

Copyright 101
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Supreme Court Affirms Availability of Back-Damages Under Copyright Discovery Rule

Patently-O

2024) , resolving a circuit split over the availability of back-damages in copyright infringement cases. 507(b)’s requirement that copyright infringement lawsuits be “commenced within three years after the claim accrued,” a discovery rule has long been considered applicable in copyright cases.

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Chancery Pavilion v. Indian Performing Rights Society Ltd: Karnataka High Court’s Problematic Finding on Section 60 Suits

SpicyIP

passed an order interpreting the scope of this safeguard, reiterating that the right of the plaintiff to initiate actions against the “groundless threats” under Section 60 would be terminated in light of a separate suit by the defendant alleging copyright infringement, even if filed subsequent to the Section 60 suit.

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Supreme Court Fixes One Problem with the Copyright Statute of Limitations, But Punts Another — Warner Chappell Music v. Nealy (Guest Blog Post)

Technology & Marketing Law Blog

If the Supreme Court upholds the discovery rule for copyright cases, or simply declines to address it, the decision will leave copyright defendants exposed to very large awards for years of infringing conduct (as they have been everywhere but the Second Circuit). 1962 (2014). 2014) (collecting cases). 663, 134 S.

Music 105
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The Ninth Circuit Reaffirms the Discovery Rule for the Copyright Act’s Statute of Limitations — Starz v. MGM (Guest Blog Post)

Technology & Marketing Law Blog

In so holding, the Ninth Circuit created (or widened) a circuit split with the Second Circuit, which previously held that even under the discovery rule, damages for copyright infringement are limited to “a three-year lookback period from the time a suit is filed.” 1962 (2014), the U.S. 2014) (collecting cases).

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Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Kluwer Copyright Blog

Section 95a UrhG stipulates that technical measures employed for the protection of a copyrighted work or protected subject matter may not be circumvented without the authorisation of the rightholder, Section 95a UrhG being the transposition into German law of Article 6 of the InfoSoc Directive (2001/29). Claims under copyright law.

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NFTs: New Frontiers for Trademarks

IP Tech Blog

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. Although NFTs have been around since 2014, their far-reaching, multi-layered legal implications are just now being recognized.