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U.S. Supreme Court Decides Copyright Damages-Lookback Issue But Not Discovery-of-Infringement Rule

In a 6-3 majority decision, the U.S. Supreme Court has resolved a copyright question that generated conflicting results in the U.S. Courts of Appeal for years. But as a forceful dissent pointed out, the court left open a more fundamental issue that could render the entire question moot.

6 minute read June 01, 2024 at 12:07 AM
By
Robert W. Clarida and Thomas Kjellberg
U.S. Supreme Court Decides Copyright Damages-Lookback Issue But Not Discovery-of-Infringement Rule

In a 6-3 majority decision, the U.S. Supreme Court has resolved a copyright question that generated conflicting results in the U.S. Courts of Appeal for years. But as a forceful dissent pointed out, the court left open a more fundamental issue that could render the entire question moot.

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The Copyright Royalty Board (CRB), which works under the umbrella of the Librarian of Congress, sets statutory-license royalty terms and rates. The U.S. Courts of Appeals for the D.C. Circuit recently issued two notable decisions about the CRB.

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