2nd Circ. Copyright Ruling Offers Relief From Late-Filed Suits

Law360 (June 2, 2020, 3:45 PM EDT) -- The potential for prevailing party attorney fees afforded by the U.S. Copyright Act[1] often provides leverage to plaintiffs in settlement discussions. Given the high costs of litigation, a party accused of copyright infringement may agree to pay a monetary settlement rather than incur the costs necessary to defend a lawsuit.

On May 12, the U.S. Court of Appeals for the Second Circuit issued a decision that should provide some solace to would-be defendants in late-filed copyright infringement claims.

In Sohm v. Scholastic Inc.,[2] the circuit court found, among other things, that monetary damages in a copyright infringement suit are limited to...

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