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Copyright Infringement Damages Copyright Litigation

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - September 2024 #2

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A woman in Texas filed a new lawsuit last Monday accusing Cleveland Browns quarterback Deshaun Watson of sexual assault and battery in 2020....more

McDermott Will & Emery

What Do You Meme? TFW Commercial Use Outweighs Fair Use

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The US Court of Appeals for the Eighth Circuit affirmed a district court’s copyright infringement decision, finding that a congressional reelection campaign’s use of a popular meme to solicit donations was commercial in...more

Brownstein Hyatt Farber Schreck

Plaintiffs Benefit From SCOTUS Ruling There Is No Time Bar for Copyright Damages

Many companies are not strangers to receiving demand letters on behalf of copyright owners. Routine demand letters often allege that the company’s use of what it believed was a stock photo, public domain image, or music on...more

Dunlap Bennett & Ludwig PLLC

Case Analysis: The Supreme Court Rules A Plaintiff May Claim Over A Decade’s Worth Of Damages For A Copyright Claim Involving A...

The Supreme Court recently ruled 6-3 in the case of Warner Chappell Music, Inc., et al. v. Nealy, et al. that producer Sherman Nealy may claim damages for an unlicensed sample of his work used in Flo Rida’s 2008 hit song “In...more

Harris Beach PLLC

Supreme Court’s Copyright Ruling Could Have Broad Implications

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A recent U.S. Supreme Court decision in a copyright infringement case could have far-reaching implications by allowing plaintiffs to seek damages under the Copyright Act for greater periods of time of infringement....more

McAfee & Taft

SCOTUS: Damages for copyright infringement not limited to three years for timely claims

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Recently, the U.S. Supreme Court resolved a split between the circuit courts over whether the Copyright Act’s three-year statute of limitations limits the damages a plaintiff may recover to a three-year period. The Court...more

Husch Blackwell LLP

Copyrights Wanted: No Creativity Required

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The advent of generative artificial intelligence (AI) has brought renewed attention to copyright law, with much of the early generative AI-related litigation concerning claims of copyright infringement of the content being...more

BakerHostetler

Warner Chappell Music, Inc. v. Nealy: Supreme Court Allows Retrospective Copyright Damages Beyond 3 Years Based on Discovery Rule

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Ruling in favor of a Miami music producer, Sherman Nealy, over a song by rapper Flo Rida, the Supreme Court held on May 9 that there is no time limit for recovering monetary damages in copyright cases that are otherwise...more

Irwin IP LLP

The Limit Does Not Exist: No Time Limitation on Copyright Damages  

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Warner Chappell Music v. Nealy, No. 22-1078, 601 U.S. (2024) - On May 9, 2024, the Supreme Court held that copyright owners may obtain damages beyond the three-year statute of limitations under the Copyright Act. As this...more

Houston Harbaugh, P.C.

SCOTUS Rules that Copyright Damages Can Be Recovered Beyond Three Years, Leave Discovery Rule For Another Day

Houston Harbaugh, P.C. on

The U.S. Supreme Court ruled on May 9th, 2024, in the case of Warner Chappell Music, Inc., et al., v. Nealy, et al., that plaintiffs in a copyright ownership dispute can recover damages beyond the three-year statute of...more

Robinson & Cole LLP

Supreme Court Decision Could Increase Copyright Trolling in the Second Circuit

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Intellectual property practitioners were anticipating the Supreme Court’s decision in Warner Chappell Music v. Nealy, which raised important questions regarding the statute of limitations and availability of damages for stale...more

Cranfill Sumner LLP

Copyright Act Limitations Period Does Not Limit Damages Recovery

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The United States Supreme Court recently announced its Opinion in Warner Chappell Music, Inc. v. Nealy, 144 S. Ct. 1135 (2024). At issue was whether recoverable damages under the Copyright Act were limited to the three-year...more

Paul Hastings LLP

The Supreme Court Affirms the Availability of Damages Beyond Three Years for Copyright Infringement If the Discovery Rule Applies

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On May 9, 2024, the Supreme Court issued its decision in Warner Chappell Music Inc. et al. v. Nealy et al., holding that a plaintiff can seek damages for past infringement that had occurred earlier than the three-year statute...more

Benesch

Supreme Court Rejects Three-Year Damages Bar in Copyright Infringement Actions

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The recent decision permits recovery of all damages in “timely filed” copyright infringement actions regardless of when the infringement occurred. The decision does not, however, answer the critical question of when an action...more

McCarter & English, LLP

Damages Uncapped: Supreme Court Removes Three-Year Limit on Copyright Damages

In a victory for copyright owners, the US Supreme Court confirmed in a recent case that copyright owners who sue for infringement may recover money damages that are not limited to the three-year period before filing suit....more

Baker Donelson

U.S. Supreme Court Rules in Favor of Music Producer in Warner Chappell Music, Inc. v. Nealy

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The United States Supreme Court issued a ruling on May 9, 2024, in a copyright case that would allow a music producer to seek damages for alleged infringements occurring more than ten years ago when it held that the Copyright...more

Miller Canfield

In Music Copyright Row, The Supreme Court Remixes the Three-Year Limit on Copyright Damage Claims

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On May 9, 2024, the U.S. Supreme Court held the Copyright Act entitles a copyright owner to obtain damages for a timely infringement claim, even if the infringement occurred prior to the Copyright Act's three-year statute of...more

Eversheds Sutherland (US) LLP

Going to the [Warner] Chappell, and we’re gonna get DA-A-AMAGES!

A split Supreme Court has decided that, under a plain reading of the Copyright Act, a party alleging copyright infringement may obtain damages for the entire damages period, so long as the suit itself is timely brought....more

McDermott Will & Emery

Supreme Court Permits Retrospective Relief for Timely Copyright Claims Under Discovery Rule

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On May 9, 2024, in a 6-3 decision, the Supreme Court of the United States affirmed the US Court of Appeals for the Eleventh Circuit’s prior ruling, holding that a plaintiff with a timely infringement claim under the discovery...more

Farella Braun + Martel LLP

No Three-Year Bar on Copyright Damages (For Now): SCOTUS Issues Opinion in Warner Chappell Music, Inc. et al. v. Sherman Nealy et...

In a 6-3 majority decision in Warner Chappell Music, Inc. et al. v. Sherman Nealy et al., the Supreme Court held that the Copyright Act entitles a copyright owner to recover damages for any timely claim and that no separate...more

Proskauer Rose LLP

Supreme Court Holds that Copyright Damages Have No Time Limit

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Under the Copyright Act, “there is no time limit on monetary recovery” for a timely claim. So held the Supreme Court last week in Warner Chappell Music, Inc. v. Nealy. Section 507 of the Copyright Act imposes a...more

Coblentz Patch Duffy & Bass

Supreme Court Extends Copyright Damages Beyond Three Years

Key Takeaways - Last week, in Warner Chappell Music, Inc. v. Nealy, the Supreme Court held that a copyright owner with a timely claim for infringement can recover damages “no matter when the infringement occurred” and with...more

Manatt, Phelps & Phillips, LLP

Copyright Act Does Not Create A Separate Time-Based Damages Bar For Timely Claims

The Copyright Act provides that an action for copyright infringement must be commenced “within three years after the claim accrued.” 17 U.S.C. § 507(b). The Supreme Court has not analyzed when copyright claims accrue under...more

Jones Day

No Time Limit for Damages from Copyright Infringement

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The Supreme Court held that copyright owners who file a timely claim may obtain damages no matter when the copyright infringement occurred. ...more

Fox Rothschild LLP

Supreme Court Rules Copyright Damages Extend Beyond 3 Years

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The U.S. Supreme Court recently ruled that the Copyright Act entitles a copyright owner to damages for any timely infringement claim, no matter when the infringement occurred. That means copyright infringement does not have a...more

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