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Copyright Litigation Copyright Intellectual Property Litigation

Vedder Price

[Event] 2024 Intellectual Property Seminar - October 15th, Chicago, IL

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Please join Vedder Price’s Intellectual Property group for a half-day complimentary seminar designed for in-house counsel. Topics will focus on real issues faced by IP holders, and attendees will leave with practical advice...more

McDermott Will & Emery

Arguing Internet Availability to Establish Copyright Infringement Is Bananas

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In an unpublished opinion, the US Court of Appeals for the Eleventh Circuit affirmed a district court’s decision finding that a pro se Californian artist failed to establish that an Italian artist had reasonable opportunity...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

The U.S. Copyright Office’s Position on the Copyrightability of Works Made with the Assistance of Generative AI (Part One)

Since the release and popularization of platforms such as Midjourney and DALL-E, the past few years have seen a staggering proliferation of art made using text-to-image models—familiarly known as “AI art.” Tens of millions of...more

McDermott Will & Emery

Family Feud: Counterclaims Too Little, Too Late

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The US Court of Appeals for the Seventh Circuit affirmed a district court’s ruling that aggrieved family members’ counterclaims for various intellectual property matters were long overdue and subject to a laches defense....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

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

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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

Skadden, Arps, Slate, Meagher & Flom LLP

District Court Adopts Broad View of Copyright Preemption in Data Scraping Case

The recent California district court decision dismissing the complaint in X Corp. v. Bright Data Ltd. could have significant implications for companies that rely on their terms of use to prohibit unauthorized “data scraping”...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

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

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

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

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

Lathrop GPM

Is there a Damages Limitation on Timely Copyright Claims? Supreme Court says: "No."

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On May 9, 2024, the United States Supreme Court clarified that the “Copyright Act entitles a copyright owner to recover damages for any timely claim.” This seemingly simple rule of law, however, rested on shaky ground as soon...more

Wiley Rein LLP

Supreme Court Determines Some Copyright Owners Can Recover Damages Beyond the Statute of Limitations

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On May 9, 2024, the U.S. Supreme Court issued its decision in Warner Chappell Music Inc. et al. v. Sherman Nealy et al. (No. 22-1078), holding that copyright owners can recover damages going back more than three years based...more

Alston & Bird

Supreme Court Holds Copyright Holders Can Recover Damages Beyond Three-Year Statute of Limitations

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Our Intellectual Property Litigation Group breaks down the U.S. Supreme Court’s Copyright Act ruling that allows plaintiffs to recover damages for infringements that occurred far in the past....more

Sullivan & Worcester

Supreme Court Extends Copyright Damages Period, Overrules Three-Year Lookback

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On May 9, 2024, in Warner Chappell Music, Inc. v. Nealy, the U.S. Supreme Court held that the Copyright Act permits a copyright owner to recover damages for infringing acts that occurred more than three years before bringing...more

Fenwick & West LLP

Warner Chappell Warns Infringers: No Time Limit on Damages for Timely Copyright Claims

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In a closely watched case about damages and the statute of limitations under the Copyright Act, the U.S. Supreme Court held yesterday in a 6-3 decision that, so long as claims are timely, the “Copyright Act contains no...more

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