Supreme Court Assumes “Discovery Rule” Applies to Copyright Damages

The Westlaw Journal spotlights U.S. Supreme Court cases from the 2023 term, including an analysis on the Supreme Court holding that damages can be calculated from infringing actions that happened more than three years prior to when a copyright complaint is filed as long as the infringement suit is deemed “timely.”

Sterne Kessler Director Ivy Estoesta commented “The majority opinion did not opine at all – even in dicta – on the validity of applying the discovery rule in cases beyond fraud of concealment when a statue is silent on the issue. That could suggest that the dissent’s position – that the discovery rule should not apply at all – will ultimately carry the day.”