After Warhol, The High Court Must Clarify Copyright Damages [Law360]

Hugh Marbury and Molly Shaffer authored an article about the emergence of copyright-related legal concerns for the U.S. Supreme Court following the Court's decision in Andy Warhol Foundation for the Visual Arts Inc. v. Goldsmith. They discussed a current circuit split on whether the Copyright Act's statute of limitations provision imposes a limitation on recovery for infringement that occurred more than three years before the date the complaint was filed. Currently, the Second Circuit and Ninth Circuit have competing cases on this issue. The Supreme Court has not yet weighed in on this issue. If the Supreme Court were to adopt the Second Circuit's interpretation, it would significantly limit the ability of copyright owners to recover damages for infringement that they did not discover until more than three years after it occurred. This would make it more difficult for copyright owners to enforce their rights and could lead to increased infringement. If the Supreme Court were to adopt the Ninth Circuit's interpretation, it would provide copyright owners with more time to discover infringement and to file a lawsuit. This would help to protect copyright owners' rights and could lead to a decrease in infringement. The Supreme Court is likely to hear this case in the near future. The outcome of the case will have a significant impact on the ability of copyright owners to enforce their rights.

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Hugh J. Marbury

Co-Chair, Copyright Practice

(202) 747-0781

Molly Shaffer


(202) 280-6506

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