Statute of Limitations for Copyright Infringement in California
Copyright infringement may lead to serious charges.
If you’re ever the victim or accused of committing such a crime and you live in San Francisco, you should seek the assistance of a qualified San Francisco intellectual property attorney.
Don’t attempt to go to court without adequate representation. A knowledgeable and respectable attorney like Attorney James M. Braden can significantly improve your chances of getting the justice that you deserve.
Understanding the statute of limitations on copyright infringement in California may clarify and give you an advantage, and your SF lawyer in the investigation of the crime committed, even if time has passed already.
Criminal Statute of Limitations
If someone has committed the crime of copyright infringement against your business, then it will depend on the specific court that holds your case in on whether or not the criminal will face prosecution, if convicted. This will depend on whether the court follows the injury or the discovery rule.
The San Francisco copyright infringement statute of limitation will apply in either case, and your SF lawyer can guide you throughout the entire process.
The statute of limitations on criminal charges is five years instead of three, so if someone brought up criminal charges against the criminal, he or she could end up spending as long as ten years in prison depending on the specifics of the case.
However, you will need an attorney that has a great deal of expertise and experience to represent you, which will significantly increase the chances that the ruling will go in your favor.
The Discovery Rule
Many courts follow the Discovery Rule regarding the statute of limitations for copyright infringement.
This means that the three-year limit that a person has to file a copy infringement starts when the person makes the discovery – delayed discovery.
So, even if a criminal has stopped committing acts a year or two prior, if it has taken an extended period for you to realize that copyright infringement has occurred, then the statute of limitations 3-year period of time won’t begin until the actual discovery.
The Injury Rule
Not all courts go by the discovery rule, and some opt for the Injury Rule instead.
The Injury Rule states that the three-year statute of limitations begins at the time of the final infringement, even if the owner had not yet discovered the act at the time.
This could significantly reduce the time that you have to file a lawsuit, depending on when is the discovery of the infringement.
Tolling of the Statute
There are times when a court might choose to toll the statute.
This means that the judge will base the case on the time in which the victim discovers the breach, even if the statute of limitations has passed.
In this case, the judge will ignore the fact that the three years have already passed and the crook will still get punished.
Have a Copyright Infringement Attorney
Remember that if you’ve been the victim of copyright infringement, you should keep the services of a copyright infringement attorney in San Francisco to drastically improve the outcome.
Intellectual property lawyers in San Francisco can provide you with more specifics after analyzing your case. Call the Law Office of James Braden now!