Legal Question in Entertainment Law in Kentucky
Statute of limitations on copyright infringement.
I maintain a website for high school instrumental music programs. In the past we maintained a database of information for all high school bands in our entire state, dating back to 1986. This database included the repertoires that these bands played in their marching band programs. After a couple of years several schools in our state were sued for royalties and copyright infringement due to information found on the internet. Even though the information was available through newspapers and event programs it became easily accessable through the internet. We had no choice but to remove the information as it was hurting the activity that we were trying to support. This even happened to two schools in my own school district, so I am certain that it was/is happening. I know the names of schools, names of law firms, amounts of settlement, etc.
We do not condone any illegal activity. However, we have no way of knowing if the school programs followed proper procedures when playing copyrighted music. Simply, I would like to restore information if it is too old for someone sue the schools again. My question is, how old does the information have to be before someone can no longer sue financially strapped school music programs?
1 Answer from Attorneys
Re: Statute of limitations on copyright infringement.
You have raised two separate issues. First, you have mentioned that certain "information" in a database created legal liability for infringement. Presumably you mean that the websites either displayed publicly, reproduced, or performed publicly a copyrighted work -- and not just that non-copyrighteable information was involved.
Second, assuming that these works may have been used in an infringing manner in the past, if infringing conduct is repeated (i.e. the work is reproduced, displayed publicly or performed (streamed) publicly infringing the copyright) then it does not matter how much time has elapsed since the material was taken down, as this would constitute a new violation.
Simply listing the repertoires that were played (i.e., listing the names of the works, such as Name of HS Band played X, Y and Z works (composed by a, b, and c, respectively) on a certain date at a certain location) would not ordinarily constitute copyright infringement. Because you mentioned that music was "played" on the web site, it sounds like a public performance was involved, which may have been infringing. If it was infringing in the past, it is probabliy infringing today (very few works fall into the public domain each year).
This information is provided to you as general information and not as legal advice, and no attorney-cleint relationship is formed.
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