The Supreme Court is scheduled to hear oral argument in Warner Chappell Music, Inc. v. Nealy on February 21, the issue being whether the three-year statute of limitations for damages under the Copyright Act begins to run when the copyright infringement is discovered or whether the Act imposes an absolute bar, limiting damages to those caused by infringements occurring within three years of the filing of the complaint. The Court’s decision will affect businesses’ assessment of the risks of possible copyright infringement and, more generally, may provide insight on the criteria for determining when a limitations period includes a discovery rule.
