Copyright Infringement in the Second Circuit: When Does the Clock Start?

, New York Law Journal


Marc S. Reiner, a shareholder of Anderson Kill & Olick, writes that over the past several years, the majority of district courts in the Second Circuit have concluded that a copyright infringement claim accrues at the time of the infringement. In the past several months, however, two decisions stated that such claims accrue when the plaintiff discovers or should have discovered the injury upon which the claim is based, casting some uncertainty upon what judges in this circuit will do in the future.

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