Copyright Update: Sohm v. Scholastic Limits Copyright Damages to Three Years Post-Filing

The Supreme Court’s 2014 decision in Petrella v. MGM generated debate over whether the “discovery rule” allows copyright plaintiffs to access damages accrued outside the three-year statute of limitations. The Second Circuit has resolved that debate in favor of defendants, holding that copyright damages cannot extend beyond the three-year window before suit is filed.

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