Copyright infringement usually happens over time, not all at once. A copyright owner typically discovers that someone has been expropriating protected work for several years. A key question for the owner is, how far back is the infringer liable for damages? The accepted wisdom has been three years. Under current copyright law, though, the answer is unclear. The U.S. Supreme Court should weigh conflicting opinions from lower courts and provide guidance to practitioners and judges.

What if the copyright owner did not know that someone had been wrongly using the copyright for several years before the three-year limitations period? Does the owner waive those damages? Or, do the damages start with the initial infringement? The stakes can be considerable.