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Time's Up! Warner Chappell Music, Inc. v. Nealy and the Discovery Rule Saga

The IPKat

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.

Music 60
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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.” He served one prison term from 1989 to 2008, and another from 2012 to 2015. to license works from the Music Specialist catalog.

Music 97
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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