WASHINGTON (AP) – The Supreme Court on Thursday sided with a music producer in a copyright case, seeking more than a decade’s worth of damages from the music producer over samples used in Flo Rida’s hit songs. acknowledged.
The 6-3 decision was handed down in a lawsuit brought by Sherman Neely, who was suing rapper Flo Rida over the music used in her 2008 song “In the Air.”
It has also been featured on TV shows such as “So You Think You Can Dance.”
Neely’s lawsuit alleges that while he was in prison, he was unaware that his former collaborator had signed a contract with a record company that allowed him to sample the song “Jam the Box.”
He filed a lawsuit in 2018 seeking damages dating back to the song’s release.
Copyright law stipulates that a lawsuit must be filed within three years from the time a violation is discovered.
Record company Warner Chappell argued that this meant Neely was only entitled to at most three years’ worth of royalties.
Appellate courts are divided on how far back damages can be awarded, and industry groups such as the Recording Industry Association of America are asking the Supreme Court to decide.
The opinion handed down Thursday was written by Justice Elena Kagan, along with liberal colleagues Sonia Sotomayor and Ketanji Brown Jackson, and conservative justices John Roberts, Brett Kavanaugh, and Amy Coney. Mr. Barrett also joined.
“There is no time limit on monetary recovery. Therefore, copyright owners who bring timely claims are entitled to seek damages for infringement, regardless of when the infringement occurred,” Kagan wrote.
Neely’s attorney, Wes Earnhardt, said the opinion clarifies an important issue.
Three conservative justices issued a dissenting opinion.
Justice Neil Gorsuch asked the majority to address a key question: whether Mr. Neely’s claims are legitimate at all, or whether a copyright holder would need to show some wrongdoing in order to sue for old violations. I wrote that I was avoiding it.
Opponents argued the lawsuit should have been dismissed.
