The Supreme Court ruled in favor of a man who claimed that his copyrighted music from the 1980s was used in a 2008 single by the rapper Flo Rida. The track “In the Ayer” by Flo Rida incorporated elements of “Jam the Box” created by Tony Butler, also known as Pretty Tony. Butler’s former business partner, Sherman Nealy, claimed he never agreed to license the music and was unaware of its use due to being in and out of prison at the time.
Nealy filed a lawsuit against Warner Chappell Music, Inc., and Artist Publishing Group in 2018 for damages. The 11th US Circuit Court of Appeals ruled in favor of Nealy, allowing him to sue for damages dating back to 2008, despite the three-year statute of limitations in copyright law. The Supreme Court agreed with this ruling, indicating that copyright plaintiffs should be allowed to pursue damages based on when they become aware of the alleged infringement rather than when it occurred.
The Supreme Court addressed the issue of how far back a plaintiff can seek damages in copyright infringement cases. During the oral argument in February, several justices indicated that the question was premature, suggesting that the court should first determine whether lower courts can permit lawsuits to take place more than three years after the alleged infringement. Justice Elena Kagan wrote the majority opinion in the 6-3 decision, while Justice Neil Gorsuch penned a dissenting opinion.
Overall, the Supreme Court’s decision in this case highlights the importance of allowing copyright plaintiffs to seek damages based on when they become aware of the infringement. This ruling sets a precedent for future copyright infringement cases, ensuring that individuals are not unfairly restricted by the three-year statute of limitations. The case also sheds light on the challenges faced by individuals like Nealy, who may be unaware of copyright infringement due to circumstances such as incarceration. Ultimately, the ruling serves to protect the rights of copyright holders and ensure that they receive fair compensation for the unauthorized use of their work.
