IP Consulting Group’s Post

"A spicy copyright ruling from a federal court in Baton Rouge is causing indigestion among music publishers, record labels, and private equity investors, because it could upend contracts that musicians signed decades ago on a worldwide basis. While content creators or their heirs currently have a right under US law to recapture copyrights they bargained away much earlier in their careers, that right has only had effect within US borders. But Vetter v. Resnik would extend those rights worldwide." How could a recent Louisiana copyright ruling reshape the global music industry? Find out more from this article by Bill Hochberg at Forbes! Article: https://lnkd.in/gucWiqnd #copyright #intellectualproperty #copyrightlaw #Louisiana #musiccopyright #musiclicensing #musicrights #TifanieJ #entertainmentlawpartners #ELP #entertainmentnews #entertainmentlegal #entertainmentlaw #entertainmentattorney #entertainmentlawyer #businessaffairs #productionlegal #hollywood

**Copyright Owners Win Big: Supreme Court Ruling on Damages for Infringement** The recent Supreme Court decision in Warner Chappell Music, Inc. v. Nealy has major implications for copyright law. The Court ruled that copyright holders can sue for damages from infringements, regardless of when they happened, as long as the lawsuit is filed within the legal timeframe. This is a win for creators! Previously, there was uncertainty about whether copyright holders could recover damages for infringements discovered after 3 years. This decision clarifies that timely filed claims can include damages for infringements beyond that window. However, there are dissenting voices questioning the application of the discovery rule itself. The long-term impact on the discovery rule remains to be seen. Read this article by Malabika Boruah and Raisha Bansal: https://lnkd.in/gCPd9jih #CopyrightLaw #IntellectualProperty #SupremeCourt #Creators #MusicIndustry

In a 6-3 majority decision in Warner Chappell Music, Inc. et al. v. Sherman Nealy et al., the Supreme Court held that the Copyright Act entitles a copyright owner to recover damages for any timely claim and that no separate three-year limit on damages exists. As discussed in a previous article on the case, both the briefing and the oral argument underscored the importance of framing appellate questions strategically from the outset and focusing subsequent arguments on the precise question presented. Both the majority and the dissenting opinions in the recent decision reinforce these takeaways. Moreover, the dissent signals that the Court may be receptive to deciding whether the Copyright Act authorizes the discovery rule in another case—which is currently pending on the Court’s docket. Read more about the decision and its implications in this update by Jeff Fisher and Victoria Constance Huang: https://lnkd.in/gjKiWCRG #CopyrightInfringement #WarnerChappell #IntellectualPropertyLitigation #IPLitigators

🎵 Ed Sheeran wins another landmark copyright battle! Following his May 2023 victory alongside Warner Music Group and Sony Music Publishing, the Second Circuit has now ruled that basic chord progressions can't be copyrighted - a huge win for musical creativity! The November 2024 verdict in the case against STRUCTURED ASSET SALES, LLC (SAS) reinforces that fundamental musical elements remain free for all artists to use. As the court put it: "Overprotecting such basic elements would threaten to stifle creativity and undermine the purpose of copyright law." The ruling supports what Sheeran and his co-writer Amy Wadge have maintained - that "Thinking Out Loud" was independently created. As his lawyer Donald zakarin of Pryor Cashman noted, this decision aligns with the earlier jury verdict, firmly establishing that common musical building blocks should stay in the public domain. A significant victory for songwriters everywhere! 🎸 👉 Read the full article here: https://lnkd.in/eWMv7TdF #LIPW #IP #Copyright #Music #Innovation #LegalNews #EdSheeran Credit: Bill Donahue Patsnap | Sun IP | Ankar AI | PRV | Dennemeyer| The Global IP Matrix Magazine | The Women's IP World Annual | Loom Analytics

Helpful Supreme Court decision for creators suing for copyright infringement and counterfeiting. While the statute of limitations for filing a copyright infringement claim in federal court is only three years, the Supreme Court held the three years starts at the time of discovery of the infringement, not when it actually took place. Here the creator was in prison for many years, and did not discover that his copyrighted songs had been infringed until after his release. However, there is no time limit on the damages the creator can recover: "But those provisions merely state that an infringer is liable either for statutory damages or for the owner’s actual damages and the infringer’s profits. See §504(a)–(c). There is no time limit on monetary recovery. So a copyright owner possessing a timely claim is entitled to damages for infringement, no matter when the infringement occurred. " #SupremeCourt #copyright #WarnerChappell #creators #infringement Warner Chappell Music v. Nealy, 22-1078 (May 9, 2024) https://lnkd.in/euJsPhuV

**Breaking News: Supreme Court Ruling Favors Music Producer in Copyright Damages Case against WMG** *Summary: Stay Informed, Protect Your Investments* The U.S. Supreme Court has delivered a groundbreaking ruling in favor of Sherman Nealy, a Miami music producer, in a copyright damages case involving Warner Music Group (WMG). With a 6-3 majority, Justice Elena Kagan authored the ruling, stating that there is no time limit to recover monetary damages in copyright cases. This decision holds significant implications for artists, creators, and investors alike. Investors must stay informed about legal developments impacting industries they invest in. The Supreme Court's verdict highlights the importance of protecting intellectual property rights and upholding copyright laws. Understanding the legal landscape is crucial for making informed investment decisions, particularly when investing in companies operating within the music industry. As an investment advisor, my passion is helping investors grow their Health Savings Accounts (HSAs) through strategic investments. While this case may not directly relate to healthcare or HSAs, it underscores the significance of staying informed and being proactive in managing your investments. Don't let the Fear of Missing Out (FOMO) drive your decisions. Act now and seek professional guidance to capitalize on potential investment opportunities while safeguarding your hard-earned money. Remember, by investing wisely, you can secure a healthier and wealthier future for yourself, your family, and your overall wellness. #hsa #investing #healthcare #health #family #wellness 😊💰📈💪🏻🌟

Big #CopyrightLaw case! 🎵 📜 In Warner Chappell Music, Inc. v. Nealy, the Supreme Court considered the Copyright Act's statute of limitations & #Damages provisions. 🧐 #IntellectualProperty Laws considered: - 17 U.S.C. §507(b) - 3-year statute of limitations for copyright infringement claims - 17 U.S.C. §504 - damages and profits provisions 📝 The case involved Sherman Nealy, who sued Warner Chappell Music in 2018 for infringing his copyrights going back to 2008. Nealy argued his claims were timely under the "discovery rule," where the 3-year clock starts when the plaintiff discovers the infringement. 📅 Back in 1983, Sherman Nealy & Tony Butler formed Music Specialist, Inc., which recorded & released one album & several singles. However, their collaboration ended a few years later, & Nealy went to prison for drug-related offenses from 1989-2008 & 2012-2015. 🎤 Unbeknownst to Nealy, Butler entered into an agreement with Warner Chappell Music to license works from the Music Specialist catalog. Warner Chappell then licensed these works to various artists & television shows, including: - Flo Rida's hit song "In the Ayer" (interpolating "Jam the Box") 🎧 - Black Eyed Peas and Kid Sister recordings 🎶 - "So You Think You Can Dance" television show 📺 💼 In 2018, after his release from prison, Nealy sued Warner Chappell for copyright infringement, claiming he held the copyrights to Music Specialist's songs. He sought damages & profits for the alleged infringements dating back to 2008 (10 years before filing suit). #InfringementClaims ⏰ Nealy argued that his claims were timely under the "discovery rule," asserting that he only learned of Warner Chappell's infringing conduct in 2016, less than three years before he filed the lawsuit. #DiscoveryRule The key facts in this case revolve around the ownership of the copyrights, the alleged infringing activities, & the timing of when Nealy discovered the infringements. These factors played a crucial role in determining the applicability of the discovery rule & the extent of damages available. 🗝️ ⚖️ The Court assumed the discovery rule applied & held that a copyright owner can recover damages for ANY timely infringement claim, no matter when the infringement occurred. There is no separate 3-year limit on damages. #Claim #Infringement 🏆 This decision is a pretty significant win for copyright holders! It means they can potentially recover damages for infringements occurring more than 3 years before filing suit, as long as they didn't discover the infringement until within the 3-year window. #CopyrightOwners #MonetaryRelief 💰 Under §504, copyright holders can seek either actual damages & the infringer's profits, or statutory damages for timely claims. The Warner Chappell decision provides clarity on the scope of monetary relief available for older infringements & reinforces the value of the discovery rule for copyright plaintiffs. 👍

What does the latest #SCOTUS ruling mean for copyright cases? The Copyright Act’s three-year limitation period doesn’t limit damages to the three years before suit is filed. And in parts of the country, it currently doesn’t require you to sue within three years of the infringement. That is where things stand after the Supreme Court’s decision in music copyright case Warner Chappell Music, Inc. v. Nealy. Learn more from Intellectual Property partners Mike Nepple and Matt Braunel in our latest blog post: https://bit.ly/3wvsWJF #copyrightinfringement #copyrightlaw #IP #intellectualproperty

Learn more from Intellectual Property partners Mike Nepple and Matt Braunel in our latest blog post below:

Music Ally has occasionally nearly been caught out when a website re-publishes an old article, and it pops up in the feeds we monitor as it if were a new report. We assumed that was the case today when we saw TorrentFreak’s “ Recording Industry Association of America® (RIAA) sues Verizon after ISP ‘buried head in sand’ over subscribers’ piracy” headline. A news ghost reanimated from the early 2000s when the labels body and the ISP fought a spirited court battle over filesharing. (You can read the archives of that here.) But no. US labels really are suing Verizon in 2024. TorrentFreak also published the full complaint, which was filed on Friday, with enough mentions of the 2020s to assuage our fears that we’d be suckered into covering old news as new news. Bloomberg Law has also covered it. All three major labels (and sundry label imprints) are named as plaintiffs in the case, which focuses on “hundreds of thousands of copyright infringement notices” sent to Verizon by labels over its customers – and this is very much a hit from the 2000s – “stealing Plaintiffs’ sound recordings through peer-to-peer (‘P2P’) file-sharing networks that are notorious hotbeds for copyright infringement”. So, the labels are suing Verizon for contributory and vicarious copyright infringement, and accusing the ISP of simply ignoring all those copyright notices – more than 340,000 sent since early 2020 according to the filing. “The scope of repeat infringement on Verizon’s network is staggering. Thousands of Verizon subscribers were the subject of 20 or more notices from Plaintiffs, and more than 500 subscribers were the subject of 100 or more notices,” it claims. Read The Full Story Here: https://lnkd.in/dJGwfvcF #Copyright #RIAA #Verizon #musically #musicnews #readmore