Injury v. Discovery: When Copyright Holders Can Recover Damages for Infringement that Occurred More than Three Years Before Discovery of the Infringement
Since the Supreme Court’s decision in Petrella v. Metro-Goldwyn-Mayer, 572 U.S. 663 (2014) allowing copyright plaintiffs to recover for damages incurred during a three-year look-back period even when suit is filed many years after the initial infringement occurred, defendants have argued that plaintiffs’ recoverable damages are limited to those sustained …