Supreme Court Set to Tackle Copyright Damages ‘Discovery’ Rule

Feb. 20, 2024, 10:01 AM UTC

Copyright owners’ ability to reach back and recover many years’ worth of damages when they didn’t discover infringement within the statute of limitations will be on the line before the US Supreme Court Wednesday.

The justices will hear a dispute involving rapper and producer Sherman Nealy, who is seeking damages for Warner Chappell Music Inc.'s alleged infringement dating back over a decade.

Normally US copyright law bars lawsuits over infringement older than three years, but Nealy said he couldn’t have been aware of the infringement, which occurred largely while he was in prison, and he argued he should be allowed ...

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