“You're going to see more discovery over when the party who filed the lawsuit discovered the infringement or should have discovered the infringement with reasonable diligence,” said Will Trueba, a partner at Trueba & Suarez.
February 28, 2023 at 06:59 PM
4 minute read
The original version of this story was published on Daily Business Review
A federal appellate court in Atlanta, in a case of first impression “that has divided our sister courts” over the Copyright Act’s statute of limitations on recovering damages beyond three years of the filing, just added to that division.
The case before the U.S. Court of Appeal for the Eleventh Circuit pits the plaintiffs-appellants Sherman Nealy and Music Specialist Inc. against the defendants-appellees, Warner Chappell Music Inc. and Artist Publishing Group LLC.
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(l-r) U.S. Eleventh Circuit Judges Charles Wilson, Adalberto Jordan and Lynn Brasher. (Courtesy photos)
