The Supreme Court's upcoming conference on May 29, 2025, will determine whether to hear RADesign, Inc. v. Michael Grecco Productions, Inc., a pivotal case regarding copyright's three-year statute of limitations. The central issue revolves around when a copyright infringement claim is considered to 'accrue': at the time of the infringement or upon the copyright holder's discovery. While all circuit courts seem to endorse some discovery rule, the nature of that rule is debated, emphasizing the balance of protections against fraudulent concealment and the copyright holder's diligence.
The petition in RADesign, Inc. v. Michael Grecco Productions, Inc. seeks to clarify if copyright infringement claims accrue at the moment of infringement or discovery.
The Supreme Court's decision could reshape the three-year statute of limitations for copyright infringement and its implications for copyright holders' discovery expectations.
While the circuit courts support a form of discovery rule, the critical issue remains the specifics of this rule and how it accounts for reasonable diligence.
Allowing the discovery rule underlines the need for context and reasonable diligence while safeguarding against fraudulent concealment in copyright cases.
Collection
[
|
...
]