2008 Copyright Due Diligence Ownership 
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.
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