In the New Year, the United States Supreme Court is expected to hear arguments over the damages a plaintiff can recover in a copyright infringement lawsuit. The Supreme Court will consider the question of whether damages are limited only to the three-year period before the plaintiffs filed suit, or whether they can be retrospectively awarded for a longer period, as long as the plaintiffs filed within three years of discovering the infringement. In Warner Chappell Music Inc. v. Nealy, the plaintiffs filed a lawsuit alleging various music compositions that they own and recorded over 35 years ago were incorporated into a 2008 Flo Rida song “In the Ayer” without their permission...
Martin Scorsese’s ‘Raging Bull’ and Flo Rida’s Common Link? Attention of the U.S. Supreme Court on the Relevant Damages Period for Copyright Infringement
Dinsmore & Shohl LLP, November 2023
