2008 Copyright Due Diligence Licensing 
LexBlog IP
OCTOBER 30, 2023
Supreme Court recently granted certiorari to consider whether a copyright plaintiff’s timely claim under the discovery rule is subject to retrospective relief for infringement occurring more than three years before the suit was filed. Musician Sherman Nealy and his company, Music Specialist Inc. § 501.
Patently-O
MAY 9, 2024
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. §
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
The IPKat
JUNE 18, 2024
In 2018, Sherman Nealy, a Miami based producer, sued Atlantic Records, Warner Chappell, and Artist Publishing Group in Florida federal court over the unauthorised interpolation of the 1984s track “ Jam the box ” in Flo Rida’s “ In the Ayer ,” which was released in July 2008 and managed to peak at No. 9 on the Billboard Hot 100.
Technology & Marketing Law Blog
MAY 15, 2024
In so holding, however, the Court declined to resolve the logically antecedent question of whether the discovery rule applies to the three-year copyright statute of limitations, finding “that issue is not properly presented here, because Warner Chappell never challenged the Eleventh Circuit’s use of the discovery rule below.” Nealy , No.
IP Intelligence
JUNE 3, 2024
In affirming the Eleventh Circuit’s ruling, the Supreme Court confirmed that a plaintiff that timely files a copyright claim under the discovery rule can recover damages for infringement that occurred more than three years prior to filing the lawsuit. Nealy was incarcerated for drug-related offenses from 1989 to 2008 and from 2012 to 2015.
Fish & Richardson Trademark & Copyright Thoughts
JANUARY 3, 2023
In 2008, she graduated summa cum laude from the University of Georgia with a B.A. Patent and Trademark Office, Lawrence has also assisted clients with patent due diligence, patent prosecution, and other non-litigation patent analysis, including IP licensing. Sara received her J.D. in English. Eric received his J.D.
Copyright Lately
APRIL 17, 2023
Serial copyright plaintiffs beware: the discovery rule may not excuse late-filed infringement claims brought by “seasoned litigators.” ” If you pay any attention to new copyright filings, you’re probably used to seeing the same names repeated over and over again as often as the refrain in a Daft Punk song.
Expert insights. Personalized for you.
52 
Let's personalize your content