Source: Reuters.

Recently, the US Supreme Court ruled in favor of Sherman Nealy, a music producer who sued Warner Music for damages arising from the plagiarism of the song “In the Ayer “by rapper Flo Rida published in 2008. The piece incorporated elements of the composition ‘Jam the Box‘, created in the 1980s by Tony Butler.

And is that, Sherman sued Warner Chappell Music and Artist Publishing Group in 2018, claiming that he never agreed to license ‘Jam the Box‘, and was unaware that it was being used since he was incarcerated for cocaine distribution. He also argued that he discovered the use of the material in 2016, so he was able to sue because some federal courts have allowed copyright plaintiffs to start the three-year timer the moment they learn of the alleged plagiarism, rather than the moment it occurs.

Initially, a federal judge ruled that the producer could only claim damages for infringement that occurred during the three years prior to the filing of the lawsuit, based on the US statute of limitations for filing a copyright infringement lawsuit after discovering a claim.

However, the Atlanta-based for the 11th US Circuit Court of Appeals, asserted that there is no bar to damages in a timely action. Consequently, during this month, the Supreme Court upheld the 11th Circuit’s ruling.

Liberal Justice Elena Kagan upheld the lower court’s decision, citing the Federal Law of 1976, central to the case, “The Copyright Act, allows a copyright owner to seek damages for any timely claim. “If Nealy’s claims are timely, he can get compensation for them,” Kagan added.

This ruling sets a precedent in the field of copyright in the neighboring country, while polarizing the opinions of experts in the area; As exemplified by the statements of Justice Samuel Alito, who said “What concerns me is that we are being asked to decide an issue that can be disregarded based on a later decision”, on whether the discovery rule applies.