If you’re a copyright plaintiff who just learned about infringement that’s been occurring for years and want to get damages, there’s a good chance you will think hard about where to file your case.
You’re likely to pick a court in the ninth circuit, which covers the west coast, over the second circuit, which covers New York, Vermont and Connecticut.
That’s because of the legal team at Starz Entertainment, led by Audrey Lee.
Starz Entertainment sued MGM Domestic Television for copyright infringement in 2020. The District Court for the Central District of California denied MGM’s motion to dismiss in January 2021.
In July, the Court of Appeals for the Ninth Circuit upheld this decision, ruling in Lee’s team’s favour that plaintiffs could recover damages for all infringements that occurred before they knew or reasonably should have known of them.
This edict contrasted with a ruling from the Court of Appeals for the Second Circuit in the 2020 case Sohm v Scholastic. The judges found in that matter that plaintiffs could only get damages for infringement that took place three years before they filed suits, even if they were unaware of the violations.
This decision will likely drive more forum shopping in copyright litigation, according to counsel who Managing IP spoke with earlier this year.
