Describe Fair Use in Copyrights
| If someone has infringed your copyright then you just have a limited time to make your copyright infringement claim. |
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This time limit is based on what is called the statute of limitations.
Statutes of limitation are laws that prescribe the time limit to file a lawsuit. The time limit varies depending on the type of claim and the state a person resides in. A time limit is prescribed so that a person does not have to defend his actions (that of infringing the copyright) after a substantial period of time has passed.
Copyright is governed by the federal law and just one statute of limitations is connected to it. If someone has infringed your copyright, you have a three year statute of limitation. The time to determine when a statute has started running can be quite tricky as one has to take into account the last act of the infringement.
In order to understand the last act of infringement, let us take an example of your photograph being published in a newspaper without your consent or permission. From the time the newspaper is distributed, you have three years to file your claim in court. However, if the infringement is continuing, you would not be able to calculate the statute as it has not started to run. This can be better explained again taking the photograph example but this time on a website. The statute of limitation will state when your photograph is removed from the website.
If someone uses your photograph without seeking permission from, you can seek legal recourse within three years of the last act of infringement. However, in order to pursue a copyright claim in court, a person must register his copyright with U.S. Copyright Office first.
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