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Supreme Court Fixes One Problem with the Copyright Statute of Limitations, But Punts Another — Warner Chappell Music v. Nealy (Guest Blog Post)

Technology & Marketing Law Blog

Under the “discovery rule,” the limitations period begins to run when “the plaintiff discovers, or with due diligence should have discovered, the injury that forms the basis for the claim.” 19, 27 (2001) (Ginsburg, J.); at 1-2] At its heart, therefore, this case is a dispute about copyright ownership. Petrella , 572 U.S.

Music 96
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Warner Chappell Music, Inc. v. Nealy: Supreme Court Allows Retrospective Copyright Damages Beyond 3 Years Based on Discovery Rule

IP Intelligence

(Warner) to license certain works from the Music Specialist catalog, including “Jam the Box,” which was interpolated into Flo Rida’s hit song “In the Ayer,” which went on to sell millions of copies. 19, 27 (2001) (“[E]quity tolls the statute of limitations in cases of fraud or concealment.”); Rotella v. Metro-Goldwyn-Mayer, Inc. ,

Music 52