Statute of Limitations

[Ron08]

What is the statute of limitations for filing a lawsuit for copyright infringement? My assumption is that the clock starts from receipt of notice of infringement, so how long does Getty have to file a suit before they lose the right to pursue damages in court? I am under the impression that it is 3 years from the date of the Getty letter, but it would be great if someone can confirm that for me. Thanks!

[Oscar Michelen]

Three years is the operative time frame. While one can try to argue that it should run from the time "they could have been aware" of the infringement, the safer practice is to start the clock from the date they discovered the infringement which is normally a few days before they issue the letter so using the letter date is safest.

[Ron08]

Oscar, thanks. Have you seen any of the Getty letter cases that you have assisted with go past the SOL without Getty taking action? Our case will be 2 years old in October.

[Oscar Michelen]

Yes. I think we started this site in July 2008 or so, this has started to happen for some of our earliest clients.