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U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Eric Goldman

Although Goldsmith’s lawyers pleaded the discovery rule ( id. Under the discovery rule of accrual, Goldsmith could have recovered damages for all infringements, no matter how old, as long as she filed suit within three years of the date that she discovered, or reasonably should have discovered, of the existence of her claim.

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