Intellectual property practitioners were anticipating the Supreme Court’s decision in Warner Chappell Music v. Nealy, which raised important questions regarding the statute of limitations and availability of damages for stale copyright infringement claims. We previously wrote about how the Supreme Court’s decision could impact copyright “trolls:” entrepreneurial plaintiffs who assert copyright infringement claims based on old, allegedly infringing uses of photographs or images on the internet to extract quick settlements from unsuspecting businesses. The Court’s decision, issued earlier this month, may embolden trolls in the short term, especially in the Second Circuit. However, the hope remains that the Supreme Court will rein in the statute of limitations to discourage trolls in a future case.
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