Hinshaw Authors Consider Whether a SCOTUS Ruling on Copyright Infringement Creates an Open-Season Opportunity for Copyright Trolls
In The News | 1 min read
Jan 2, 2025
Hinshaw attorneys David Levitt, Thaddeus Juilfs, and Kate Scolaro recently authored an article published in the latest edition of the Intellectual Property & Technology Law Journal. The article examines the implications of a recent U.S. Supreme Court decision that may expand the scope of copyright infringement claims.
The authors discuss the court's ruling in 2024 in Warner Chappell Music, Inc. v. Sherman Nealy that the three-year statute of limitations under 17 U.S.C. §507(b) did not bar claims by a copyright owner possessing a timely claim for infringement for damages, no matter when the infringement occurred.
Under the so-called discovery rule, adopted by nearly all Circuit Courts, copyright owners may sue for alleged acts of infringement that occurred more than three years ago, so long as they did not discover or should not have discovered the infringement earlier. This rule can expose businesses and nonprofit organizations to potential liability for using images or other content from the internet, even if they did so many years ago or in good faith.
So, does that mean that it is now open season for copyright trolls to target businesses and individuals? Not so fast. As our authors explain, the U.S. Supreme Court has not ruled on the discovery rule itself, and three current U.S. Supreme Court justices have expressed doubts about its validity.
Our authors recommend that copyright infringement defendants challenge the application of the discovery rule on general grounds and the specific facts of each case. They also provide practical tips for defending against copyright infringement claims and minimizing liabilities.
- "Has the Supreme Court Declared Open Season for Copyright Trolls? Perhaps Not" was published by the Intellectual Property & Technology Law Journal on January 2025 in Volume 37, No. 1.
Featured Insights

In The News
Oct 23, 2026
Michael Dowell Discusses Potential Impact of Proposition 44 on California Community Clinics

In The News
Oct 21, 2026
Scott Seaman Says Walmart Ruling is an "Aberration" in the Opioid Insurance Battle

Event
October 21 – 23, 2026
D.L. Morriss Presents on International Banking Litigation and AI Regulation

Press Release
Oct 20, 2026
Seasoned Litigator Joins Hinshaw's Aviation and Aerospace Team in Chicago

Consumer Crossroads: Where Financial Services and Litigation Intersect
Oct 19, 2026
Refile, Repeat: Ohio’s Savings Statute Allows for Unlimited Bites of a Time-Barred Claim

Consumer Crossroads: Where Financial Services and Litigation Intersect
Oct 16, 2026
Key Takeaways from the 2026 ACVL Conference for the Auto Finance Industry

Press Release
Oct 16, 2026
Nia Binns Re-Appointed Health and Wellness Committee Co-Chair of the BWLA

In The News
Oct 16, 2026
Jennifer Driscoll Explains How Bond Request Spurred AG Settlement in Paramount Merger

Consumer Crossroads: Where Financial Services and Litigation Intersect
Oct 15, 2026
OCC Releases Debanking Report on Largest Banks; CFPB Announces Follow-On Initiative




