Appeals courts have affirmed existence, application of discovery rule vs injury rule under Copyright Act. 3 yr limit for damages does not apply when plaintiff unaware of past infringements, filed suit within 3 yr of discovery.
Observing that the Copyright Act provides for both civil remedy and filing of criminal prosecution, the Karnataka High Court said that merely because a civil dispute is being fought between the.
Under the Copyright Act of 1976, a civil action for copyright infringement must be "commenced within three years after the claim accrued." 17 U.S.C. § 507(b). But when does a claim accrue.