Adams and Reese Special Counsel Michael Kolcun was recently featured in the Business Law Section of The Florida Bar with the publication of his article, “The 11th Circuit Joins the Split by Refusing to Limit Copyright Damages”.
Kolcun’s article successfully outlines copyright infringement claims after the outcome of Nealy v. Warner Chappell Music, Inc., __ F.4th __, 2023 WL 2230267 (11th Cir. Feb. 27, 2023), which involved a Circuit split over whether “damages in a copyright action may be recovered for infringement occurring more than three years before suit is filed.” This concluded with the application of the “discovery rule” in the Eleventh Circuit, as well as an examination of the Supreme Court’s decision in Petrella v. MGM, 572 U.S. 663 (2014) and the plain language of the Copyright Act.
Kolcun explains, “After confirming its discovery rule governs and assuming the timeliness of the plaintiff’s claims, the Eleventh Circuit took the side of the Ninth Circuit by holding a copyright plaintiff may recover retrospective relief for infringement occurring more than three years before filing suit so long as the claim is timely under the discovery rule.”
Michael Kolcun is a litigator who focuses on business and intellectual property disputes, including breach of contract, partnership/joint venture and shareholder claims, copyright and trademark infringement, and other business torts. His clients range from large corporations to start-ups, investors, and individuals. Michael has prosecuted and defended numerous actions in state courts in Florida and New York, as well as in federal district, appellate, and bankruptcy courts and arbitration tribunals throughout the country.