4.Statute of Limitations1.3 year statute of limitations for copyright infringement actions [17 U.S.C. § 507(b)] 2.Determination of date of accrual1.Date begins with the actual knowledge of an act of infringement. 2.Discovery rule 1.Most courts use the discovery rule in copyright infringement actions, under which a claim accrues only when a plaintiff knows or has sufficient reason to know of the conduct on which the claim is grounded. 2.The question becomes when a reasonably prudent person in the plaintiff’s shoes would have discovered, or acquired an awareness of the putative infringement. 3.The reasonable person standard incorporates a duty of due diligence, under which a plaintiff canbe charged with inquiry notice, sufficient to start the statute of limitations clock. 3.Damages1.Majority—Each act of infringement is a distinct harm giving rise to an independent claim for relief. Recovery is allowed for those acts occurring within three years of the filing of the lawsuit, and is disallowed for earlier infringing acts. 2.Minority—Continuing tort doctrine, finding that only the last infringing act that constitutes a continuing tort need be within the statutory period. 4.Claims of Co-Ownership 1.Begins when plain and express repudiation of co-ownership is communicated to the claimant, and are barred three years from the time of repudiation. 5.Laches1.The equitable defense of laches applies when there has been a sufficient passage of time between the plaintiff’s knowledge of the injury and the date of bringing suit, and the presence of prejudice to the defendant. 6.Abandonment of Copyright 1.Occurs only if there is an intent by the copyright proprietor to surrender the rights in her work. 2.Failure to pursue third-party infringers is not an indication of abandonment.3.Abandonment of some rights is not abandonment of all rights. 7.Copyright Misuse 1.Does not invalidate the copyright, but precludes it enforcement during the period of misuse.