So your work was illegally copied and you want to receive your damages, how long should you wait? The question is not so much how long SHOULD you wait as to how long CAN you wait. This is due to the statute of limitations, which defines the maximum period of time that legal proceedings may proceed after the offending event.
In the example of suing for copyright infringement, there is a three year statute of limitations. There is some confusion, however, as to when the three year marker begins. Some courts will declare that the three years begins after the first instance of infringement, while others will determine that it begins after the last instance.
Another difference of opinion lies in which infringements you are due damages from. While most courts will grant you monetary damages for all examples of copyrighted infringement, other courts may only grant your reward for the past three years of infringement.
In other words, you should file a lawsuit for copyright infringement as soon as possible. If your complaint of infringement lies outside of the three year statue of limitations then you do not have a case and there is no point in moving on from there. It is highly suggested that you discuss this with an attorney.
If you are past the three year statute and another infringement occurs, you are entitled to those damages. Most courts, however, will not grant you damages preceding the three year statute of limitations.
