Legal Question in Intellectual Property in Florida

Statute of Limitations on a copyright claim

According to the DMCA, how long after a claimant has filed a 'takedown'' claim do they have to file a copyright infringement suit.


Asked on 6/26/09, 6:42 pm

1 Answer from Attorneys

Sarah Grosse Sarah Grosse, Esquire

Re: Statute of Limitations on a copyright claim

A civil action for copyright infringement must commence within 3 years after the claim has accrued. 17 U.S.C. 507(b).

The Digital Millennium Copyright Act (DMCA) is codified at 17 U.S.C. 512. Section 512 does not provide any additional claims for copyright infringement, but rather provides procedures for how a copyright owner can send a "takedown" claim (as you call it) to a website owner, and how the website owner can respond to avoid any liability for infringement. Once the website owner has removed the allegedly infringing material from its site, per the "safe harbor" provided in the DMCA, the website owner cannot be held liable for copyright infringement. Thus, there would be no subsequent infringement suit for the copyright owner to file because no claim ever accrued.

I am quite certain you are the same person who inquired earlier this week regarding the question "Help with Copyright Complaint." As I answered before, if the case is worth a substantial amount to you, you should retain an attorney who specializes in this area of law to represent you and work to resolve this matter.

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Answered on 6/26/09, 7:33 pm


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