Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
11th Circuit Joins Controversy Among Circuits on Copyright Damages Look Back
The federal appellate court in Atlanta, GA, in a case of first impression "that has divided our sister courts" over the U.S. Copyright Act's §507(b) statute of limitations on recovering damages beyond three years of a copyright lawsuit filing, just added to that division. Sherman Nealy v. Warner Chappell Music Inc., 21-13232 (11th Cir. 2023).
The case before the U.S. Court of Appeals for the Eleventh Circuit has pitted the plaintiffs-appellants Sherman Nealy and Music Specialist Inc. against the defendants-appellees Warner Chappell Music Inc. and Artist Publishing Group LLC.
"We hold that, when a copyright plaintiff has a timely claim under the discovery accrual rule for infringement that occurred more than three years before the lawsuit was filed, the plaintiff may recover damages for that infringement," Eleventh Circuit Judges Charles Wilson, Adalberto Jordan and Andrew Brasher ruled, in accord with the Ninth Circuit in California. See, Starz Entertainment LLC v. MGM Domestic Television Distribution LLC, 39 F.4th 1236 (9th Cir. 2022).
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers
In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
CoStar Wins Injunction for Breach-of-Contract Damages In CRE Database Access Lawsuit
Latham & Watkins helped the largest U.S. commercial real estate research company prevail in a breach-of-contract dispute in District of Columbia federal court.
The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies
Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.