Legal Question in Entertainment Law in California

Re: Statute of Limitations

The operative date is the date upon which you learned of the infringement, not the first time it was infringed upon. In other words, what matters for SOL analysis is when you learned about the infringement, then add three years. If it is an on-going infringement, the period may be tolled longer than three years. Feel free to contact me if you would like to discuss.

Yours truly,

Bryan

Re: Statute of Limitations

You should always act quickly when you learn of a possible infringement.

17 USC �507 - Limitations on actions

(a) Criminal Proceedings. - Except as expressly provided otherwise in this title, no criminal proceeding shall be maintained under the provisions of this title unless it is commenced within 5 years after the cause of action arose.

(b) Civil Actions. - No civil action shall be maintained under the provisions of this title unless it is commenced within three years after the claim accrued.

The claim acrrues on the earliest date you "knew or should have known" of the infringement.

Some other claims have longer or shorter statutes of limitation, so it's important to act quickly when you learn of these situations.

Re: Statute of Limitations

Aside from what you're asking, whether you have protected your song to the point that you can prove you wrote it and it really is what Disney is using are very important questions for you. Consult with an attorney; you can't handle this alone.

Re: Statute of Limitations

Did you copywrite the song? Three years from discovery. Contact me directly.