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U.S. Supreme Court Grants Certiorari to Decide Damages Period Under Copyright Act

LexBlog IP

(collectively, “Nealy”), sued Warner Chappell Music, Inc. (“Warner”), for copyright infringement in the Southern District of Florida, alleging that Warner was using Nealy’s musical works based on invalid third-party licenses in violation of 17 U.S.C. § § 501.

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Why the Supreme Court’s Latest Copyright Ruling May Be Short-Lived

Copyright Lately

That’s because it does away with a nationwide split among appellate courts, including a 2020 ruling by the influential Second Circuit Court of Appeals that limited copyright infringement damages to three years before the filing of a lawsuit, even if the plaintiff had been unaware of earlier infringements.

Copyright 100
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Supreme Court Affirms Availability of Back-Damages Under Copyright Discovery Rule

Patently-O

2024) , resolving a circuit split over the availability of back-damages in copyright infringement cases. Nealy was incarcerated from 1989 to 2008 and again from 2012 to 2015 , and consequently was unaware that Butler had licensed their music without proper authorization. Nealy , No. 22-1078, 601 U.S. Despite 17 U.S.C. §

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Takedown Services Under Copyright Law

IP and Legal Filings

It was recently uncovered that numerous internet platforms are posting infringing content on their websites without the approval of the copyright owners. Copyright infringement cases on the internet have increased because the internet has become more widely available. Legal Framework governing take down notice.

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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

Nealy was incarcerated for drug-related offenses from 1989 to 2008 and from 2012 to 2015. In 2008, unbeknownst to Nealy, Butler entered into an agreement with Warner Chappell Music Inc. Nealy sought damages for alleged copyright infringement dating back to 2008 – 10 years before he filed suit.

Music 52
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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

If the Supreme Court upholds the discovery rule for copyright cases, or simply declines to address it, the decision will leave copyright defendants exposed to very large awards for years of infringing conduct (as they have been everywhere but the Second Circuit). By Guest Blogger Tyler Ochoa Last week, the U.S. 3d 39 (2d Cir.

Music 95
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IPSC Breakout Session #5 Platforms & Interfaces/IP Enforcement

43(B)log

Piggyback on VC due diligence, valuation. The problem is that this system fell apart around 2008-2012 when smartphones came out. Larger issue: we have this nonenforcement b/c we’ve created an overbroad set of legal rights such that infringement goes on all the time. Ideas are nothing without financing.

IP 52