17 U.S.C. § 507 generally requires a civil copyright action within three years after the claim accrues. Criminal proceedings generally must begin within five years after the cause of action arose, except as otherwise expressly provided in the Copyright Act. [1] Accrual and recoverable damages remain distinct questions. [3]
Do not confuse discovery with an unlimited deadline
Courts’ accrual rules and controlling precedent matter. The Supreme Court’s Warner Chappell decision addressed damages where a claim is timely under an assumed discovery rule; it did not decide that the discovery rule governs every claim. [3]
Separate acts of infringement can raise separate accrual questions. Ownership disputes can also present different timing issues. [3]
Build a dated record
Document creation, registration, ownership communications, alleged infringements, discovery, and previous demands. Identify the court’s controlling law before calculating the deadline. [2]
A cease-and-desist letter or settlement discussion does not automatically toll the statute. Copyright registration and other procedural filing requirements should also be checked before initiating a case. [3]
Practical application
A claimant who discovered old infringements should identify both the discovery date and the dates of the challenged acts. The forum’s accrual law and any distinct ownership dispute can affect timeliness. Registration timing can also affect procedure and remedies. Do not infer from a damages decision that the Supreme Court approved every version of a discovery rule or eliminated the statutory filing period. [3]
Registration and limitations are separate steps
Section 411 imposes registration-related prerequisites for covered infringement actions, subject to its qualifications. Section 507 sets the civil limitations rule. An application pending at the Copyright Office should not be treated as automatically satisfying every litigation requirement. At the same time, waiting for a registration issue to resolve requires attention to the separate filing period. Keep correspondence showing submission and registration decisions and analyze any statutory exception. A claim should identify the work, ownership basis, allegedly infringing acts, and relevant dates, rather than assuming a registration certificate proves all elements or extends the limitations period. [1] [2]
Document diligence as well as discovery, because a dispute about when an infringement should have been discovered can affect the timeliness analysis. [3]
Related questions
Related guidance: copyright costs and attorney fees and using the copyright symbol.
Primary sources
- 17 U.S.C. § 507 — Office of Law Revision Counsel
- 17 U.S.C. § 411 — Office of Law Revision Counsel
- Supreme Court: Warner Chappell Music, Inc. v. Nealy (2024)
Sources checked: October 31, 2026.