The Library Copyright Alliance joined an amicus brief in Warner Chappell Music v. Nealy, where the US Supreme Court will consider whether damages can be awarded for injury that occurred more than three years prior to the filing of the lawsuit. The case concerns Sherman Nealy, who filed a lawsuit in 2018 alleging copyright infringement against Warner Chappell Music for activities dating back to 2008. Nealy successfully argued in the US Court of Appeals that the three-year statute of limitations started when he discovered or reasonably should have discovered the infringement, and that he can recover any damages that accrued before the filing of the lawsuit. Warner Chappell Music countered that plaintiffs are limited to damages that occurred three years prior to the filing of the lawsuit. The US Court of Appeals for the Eleventh Circuit ruled in favor of Nealy.
Lower courts have interpreted the interaction of the statute of limitations and the award of damages inconsistently. Although a lawsuit must be brought within three years of the lawsuit “accruing,” there is disagreement on whether damages should be available for more than three years prior to the timely filing of the lawsuit. The Supreme Court’s decision in this case might clarify how the statute of limitations should apply to damages in copyright cases.
The statute of limitations in the US Copyright Act is an important safeguard that limits risks to libraries when they use copyrighted works. The precise scope of the exceptions libraries rely upon to make preservation and accessible-format copies, to share works with other libraries, and to conduct other fundamental activities can be unclear. The Library Copyright Alliance—the American Library Association and the Association of Research Libraries—joined the Electronic Frontier Foundation in an amicus brief in support of Warner Chappell, asking the Supreme Court to hold that the statute of limitations in the US Copyright Act limits plaintiffs from recovering damages in a copyright infringement suit to the three years before filing suit. Open-ended liability—in which a plaintiff could recover damages for copying that occurred a decade or more before filing suit—could create a chilling effect on libraries’ use of these exceptions in furtherance of their mission.
About the Library Copyright Alliance
The Library Copyright Alliance (LCA) addresses copyright issues that affect libraries and their users to foster global access to and fair use of information for creativity, research, and education. LCA consists of two major library associations—the American Library Association and the Association of Research Libraries. These two associations collectively represent over 300,000 information professionals and thousands of libraries of all kinds throughout the United States and Canada.
