Supreme Court to Clarify Copyright Infringement Limits in Case Against Warner Music

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There's uncertainty as to whether the statute of limitations for copyright infringement starts to run when the infringement occurs or when the copyright holder learns of it.

At the center of the dispute is the 1984 song “Jam the Box,” which Sherman Nealy’s Miami record label Music Specialist owns and was used by Flo Rida in his 2008 tune “In the Ayer.” At the time, Nealy was incarcerated for cocaine distribution. In 2018 he sued Atlantic Records, Warner Chappell and Artists Publishing Group, arguing that he didn’t authorize the use of his label’s music and that his former business partner didn’t have permission to grant licenses.

, the Supreme Court in 2014 prohibited recovery of damages for infringement past the three-year window to sue. It found the Copyright Act “bars relief of any kind for conduct occurring prior to the three-year limitations period.” Interpretation of this language remains unresolved.

 

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