WASHINGTON, May 9 (Reuters) - The U.S. Supreme Court on
Thursday ruled in favor of a Miami music producer in a legal
fight with Warner Music ( WMG ) over a song by rapper Flo Rida,
resolving a dispute over the time limit for claiming monetary
damages in copyright cases.
The 6-3 ruling, authored by liberal Justice Elena Kagan,
affirmed a lower court's decision that favored producer Sherman
Nealy, who sued a Warner subsidiary and others in Florida
federal court in 2018.
Nealy has said that his label Music Specialist owns rights
to the electronic dance song "Jam the Box" by Tony Butler, also
known as Pretty Tony. Warner artist Flo Rida, whose given name
is Tramar Dillard, incorporated elements of "Jam the Box" into
his 2008 song "In the Ayer."
Nealy sued music publishing company Warner Chappell and
others, arguing that they took an invalid license to "Jam the
Box" from Butler, his former business partner, while Nealy was
incarcerated for cocaine distribution. The producer requested
damages for alleged copyright infringement dating back to 2008.
A federal judge decided that Nealy could recover damages
only for infringement that happened during the three years
before he filed the lawsuit, based on the U.S. statute of
limitations for bringing a copyright-infringement case after
discovering a claim. The Atlanta-based 11th U.S. Circuit Court
of Appeals reversed that decision and said there was "no bar to
damages in a timely action."
The Supreme Court upheld the 11th Circuit's ruling on
Thursday.
"The Copyright Act entitles a copyright owner to recover
damages for any timely claim," Kagan wrote, referring to the
1976 federal law at issue in the case.
During Supreme Court arguments in February, some of the
justices indicated they could not decide the case before
reconsidering the issue of statute of limitations in a separate
dispute before them. The justices are currently deliberating
whether to take up the "discovery rule" in a copyright dispute
between Hearst Newspapers and photographer Antonio Martinelli.
"What concerns me is that we are being asked to decide a
question that may be eliminated based on a subsequent decision"
on whether the "discovery rule" applies, conservative Justice
Samuel Alito said during the arguments.
Conservative Justice Neil Gorsuch echoed Alito's statements
in a dissenting opinion on Thursday that was joined by Alito and
Justice Clarence Thomas.