Intellectual Property,
U.S. Supreme Court
Nov. 10, 2023
In Nealy, Supreme Court set to resolve circuit split on Copyright damages
Due to the significance of the Second and Ninth Circuits in copyright litigation, the existing split has raised concerns about uniformity and forum-shopping, giving the Supreme Court the opportunity to address this issue.
Last month, the Supreme Court granted certiorari in Nealy v. Warner Chappell Music, Inc., 60 F.4th 1325 (11th Cir. 2023), to address “[w]hether, under the discovery accrual rule applied by the circuit courts and the Copyright Act’s statute of limitations for civil actions, 17 U.S.C. § 507(b), a copyright plaintiff can recover damages for acts that allegedly occurred more than three years before the filing of a l...
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