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Intellectual Property

Feb. 28, 2024

The Supreme Court contemplates a 3-year copyright damages bar

Warner Chappell Music, Inc. v. Nealy could affect the incentives and challenges for copyright owners to monitor and enforce their rights, as well as the potential for abuse and nuisance lawsuits by plaintiffs.

Meredith L. Williams

Partner
Rutan & Tucker, LLP

The Supreme Court contemplates a 3-year copyright damages bar
Shutterstock

On Feb. 21, the Supreme Court heard oral argument in Warner Chappell Music, Inc. v. Nealy, a case that could impact whether a plaintiff who belatedly discovers copyright infringement may obtain decades of damages, or only three years.

This case appeals an Eleventh Circuit holding that "a copyright plaintiff may recover retrospective relief for infringement occurring more than three years before the lawsuit's f...

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