Questions about copyright infringement statute of limitations. Three years from from the infringement occurred or discovered?

Most circuits, including the 9th Circuit, say that it's 3 years from when the infringement is discovered, or should have been discovered.

If what you're writing about are your lesson plans, those may not be protectable by copyright, since the information is essentially factual and there may be limited ways to express the same thing. You don't mention what subject you taught or what form this work was in, but whether it's protectable depends on the amount of originality in the expression of the content. The fact that your work included your life experiences adds to the likelihood that it contained original protected expresssion.

In order to sue for copyright infringement, you have to register your work with the Copyright Office, and if your statute is close to expiring, you'll have to pay extra to expedite the registration. If you haven't registered your work before this infringement, you'd be limited to actual damages, which would be, presumably, the salary you would have made if the school hadn't hired this other instructor. Given that, you may want to get your registration expedited so you can be ready to file, but send a demand to the school before you file suit to see if this dispute can be settled. See an IP litigator to evaluate your claim before any more time goes by.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

I agree with Ms Koslyn - it depends. You should speak with a local copyright attorney for a more definitive answer.

Your research is right. Under Section 507(b) of the Copyright Act. "[n]o civil action shall be maintained
under the provisions of this title unless it is commenced within three years after the claim accrued."

Three years from the start of the other instructor's infringement (as far as you know, in January 2006) is January 2009 -- which is long gone. So presumptively the statute of limitations has passed. Which brings us to the question of when does a copyright infringement claim "accrue?"

Stating the applicable rules is easy. The hard part is applying them to the facts.

“[T]he copyright statute of limitations starts to run when the plaintiff learns, or should as a reasonable person have learned, that the defendant was violating his rights[.]” Stated another way, "[a] cause of action accrues when a plaintiff knows or has reason to know of the injury upon which the claim is premised.”

Moreover, a copyright owner must be reasonably diligent. Therefore, "[a] cause of action accrues when a reasonably diligent plaintiff would have been put on inquiry as to the existence of a right.” Thus, “[a]s in all statute of limitations inquiries, accrual will be later than the date of violation only to the extent that plaintiff exercised reasonable diligence but remained unaware of the violation.”

In short, your infringement claim may have passed in January 2009 or it may be viable until December 2009 (or before). You need to lay the facts on the table for an intellectual property litigator to evaluate. Good luck.

There is a split of authority as to whether the statue of limitations for copyright infringement is one that is always tricky. You may have some relief if the infringement is continuing (which you suggest may have ceased in Dec, 2006). Even so, you may have until December, 2009 to file, the date of the last infringing act. Courts are divided as to how this applies. Some courts hold that you can recover your damages for the entirety of the infringement so long as a lawsuit is filed within 3 years of the last infringing act; others limit damages to those acts which occurred within the three years leading up to the lawsuit.

For more information, visit the link below......