Addressing the issue of accrual of a claim for copyright infringement, the U.S. Court of Appeals for the Second Circuit upheld the lower court’s
The Second Circuit has ruled in Psihoyos v. Wiley & Sons that the "discovery rule" determines when the statute of limitations begins to run in
Second Circuit adopts "discovery rule" for accrual of copyright infringement claims, affirms dismissal of infringement claims with respect to
District court grants partial summary judgment to plaintiff and strikes defendants’ affirmative defense based on statute of limitations, holding that Copyright Act’s three-year statute of limitations applies from time that plaintiff discovers alleged infringing acts.
Zalewski v. T.P. Builders, Inc., No. 1:10-cv-876 (GLSRFT) (N.D.N.Y. Aug. 02, 2011) may signal a change of course for courts in the Second Circuit on applying the "discovery" rule to the statute of limitations under the Copyright Act.
The U.S. Court of Appeals for the Third Circuit affirmed a nearly $20 million verdict in favor of a plaintiff-appellee, finding that an additional award of prejudgment interest should be applied from the date when a fraud that resulted in a copyright infringement began, not when the plaintiff discovered the infringement.
The Third Circuit held that, in an action brought in 2004 for copyright infringement, where the defendant is found to be liable for copyright infringement dating back to 1992, the court may assess pre-judgment interest against the defendant
While courts have declined to enforce contractual limitation of liability (LOL) clauses that are ambiguous, unconscionable or contrary to public policy, pre-contractual warranties can also undermine the effectiveness of these clauses.
Court holds that prejudgment interest is appropriate in this case because it provides full compensation to the plaintiff and acts as a deterrent to willful copyright infringement; court calculates prejudgment interest from the date the infringement began, not the date plaintiff learned of the infringement.
Addressing an issue of first impression, the U.S. Court of Appeals for the Third Circuit held that, for purposes of triggering the three-year statue of limitations (SOL), the federal rule regarding discovery of claim governs the accrual of civil claims brought under the Copyright Act.