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Diversey v. Schmidly, 2013 WL 6727517 (December 23, 2013) 

Dec 23, 2013

The Tenth Circuit rejected the minority interpretation of 17 U.S.C. § 507(b)’s limitation period for copyright infringement claims, which adopts a “continuing wrong” exception. Nothing in the language of § 507(b) supports a special limitation for continuing wrongs. The court further reasoned that the majority accrual rule and tolling principles adequately protect copyright owners’ rights in such situations because under the majority approach, the limitation period does not begin to run until the plaintiff knows or has reason to know of the infringement. Accordingly, the “continuing wrong” doctrine is unnecessary in the copyright infringement context.