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

Copyright Lately

Nealy , yet the Court is already poised to make its new decision on copyright damages obsolete. Nealy , ruling that, so long as a claim is timely filed, a copyright plaintiff is “entitled to damages, no matter when the infringement occurred.” The ink’s not even dry on Warner Chappell Music v.

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. 507(b)’s requirement that copyright infringement lawsuits be “commenced within three years after the claim accrued,” a discovery rule has long been considered applicable in copyright cases.

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Chancery Pavilion v. Indian Performing Rights Society Ltd: Karnataka High Court’s Problematic Finding on Section 60 Suits

SpicyIP

Section 60 of the Copyright Act is one safeguard against such “groundless threats” of legal proceedings, whereby the affected party can seek an injunction or recover damages. On September 27, 2023, the Karnataka High Court in M/s Chancery Pavilion v. Indian Performing Rights Society Ltd.,

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NFTs: New Frontiers for Trademarks

IP Tech Blog

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. Although NFTs have been around since 2014, their far-reaching, multi-layered legal implications are just now being recognized.

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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

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.” 1962 (2014).

Music 97
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NFTs: New Frontiers for Trademarks

LexBlog IP

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. Although NFTs have been around since 2014, their far-reaching, multi-layered legal implications are just now being recognized.

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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

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. Under the incident of injury rule, “[a] copyright claim. 1] The U.S.

Music 52