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Journal of Intellectual Property Law & Practice Advance Access originally published online on November 17, 2008
Journal of Intellectual Property Law & Practice 2009 4(1):12-13; doi:10.1093/jiplp/jpn218
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© The Authors (2008). Published by Oxford University Press. All rights reserved

Current Intelligence

Public visibility of building not enough to start statute of limitations on architectural copyright infringement claim

Corey A. Salsberg
McDermott, Will & Emery LLP, Boston

Warren Freedenfeld Assocs. v McTigue, 531 F.3d 38 (1st Cir., 20 June 2008)

A cause of action for infringement of an architectural copyright was held not to accrue until some ‘triggering event’ put the plaintiff on inquiry notice of his claim. The Court of Appeals rejected the proposition that architects have a general duty to review public records or visit public sites in order to police their copyrights; thus, the mere fact that the structure in dispute was erected in plain view of the public was insufficient to commence the limitation period.

Correspondence: Email: csalsberg{at}mwe.com


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