The Briefing: Supreme Court Holds Copyright Damages Can Go Beyond 3 Years (Podcast)
The Briefing: Supreme Court Holds Copyright Damages Can Go Beyond 3 Years
SCOTUS applies the "discovery rule" in timely copyright infringement claim; Cher wins in Marital Settlement Agreement vs Copyright Grant Termination Notices; Student Athletes Win Revenue Share and NIL
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
On May 9, 2024, the Supreme Court held that under the Copyright Act, there is no time limit on monetary recovery for a timely filed claim. In Warner Chappell Music, Inc. v. Nealy, 601 U.S. _____ (2024), the Supreme Court...more
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
The Supreme Court held that copyright owners who file a timely claim may obtain damages no matter when the copyright infringement occurred. ...more
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
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
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