How many years does the copyright owner have to bring an infringement lawsuit?
/// Filed in: Copyright Law
The Copyright Act of 1976 (Section
507) establishes a three-year period of the copyright owner to
bring a claim of copyright infringement. This statute of
limitations assumes that the copyright owner knew or should
reasonably have known that the infringement occurred. Consequently,
the three-year limitation begins when the owner learns about the
infringement activity. Furthermore, the statute of limitations
period does not start necessarily when the copyright owner first
learns about the copyright infringement as long as the infringement
is continuing. In these cases, the three-year period can begin at
any time during the infringing activity. Thus, the statue of
limitations only applies if 1) the copyright owner knew or should
reasonable have known about the infringement activity, and 2) the
infringement activity is not ongoing (i.e. has stopped).
As an illustrative example, we can consider the case of a student that photocopies his professor's textbook and uses it for his class. Let's assume that the professor knows that the student has photocopied his textbook and copyrighted materials. After finishing the course the students disposes of the copies. Since the infringing activity has stopped, he can only be successfully sued within the next three years. In the case that a lawsuit was filed against him after the statute of limitations period, he will be able to claim the plaintiff waited an unreasonable amount of time to bring the lawsuit.
References:
[1] Stim, R. "Intellectual Property. Patents, Trademarks, and Copyrights" West Legal Studies.
[2] Black's Law Dictionary 5th ed., (West Publishing, 1979).
[3] Copyright Act of 1976
As an illustrative example, we can consider the case of a student that photocopies his professor's textbook and uses it for his class. Let's assume that the professor knows that the student has photocopied his textbook and copyrighted materials. After finishing the course the students disposes of the copies. Since the infringing activity has stopped, he can only be successfully sued within the next three years. In the case that a lawsuit was filed against him after the statute of limitations period, he will be able to claim the plaintiff waited an unreasonable amount of time to bring the lawsuit.
References:
[1] Stim, R. "Intellectual Property. Patents, Trademarks, and Copyrights" West Legal Studies.
[2] Black's Law Dictionary 5th ed., (West Publishing, 1979).
[3] Copyright Act of 1976
