By Lindsay Whitehurst
WASHINGTON (AP) --The Supreme Court sided with a music producer in a copyright case Thursday, allowing him to seek more than a decade's worth of damages over a sample used in a hit Flo Rida song.
The 6-3 decision came in a case filed by Sherman Nealy, who was suing over music used in the 2008 song "In the Ayer," by the rapper Flo Rida. It also was featured on TV shows like "So You Think You Can Dance."
Nealy says he didn't find out his former collaborator had inked a deal with a record company that allowed the sampling of the song "Jam the Box" until 2016. He sued two years later for damages going back to the song's release.
Copyright law says suits must be filed within three years of the violation, or the point when it's discovered. The record company, Warner Chappell, argued that means Nealy would only be entitled to three years' worth of royalties at most.
The question of how far back damages can go has split appeals courts, and it's one that industry groups like the Recording Industry Association of America called on the Supreme Court to decide.
The opinion handed down Thursday was written by Justice Elena Kagan, and joined by her liberal colleagues Sonia Sotomayor and Ketanji Brown Jackson as well as conservative justices John Roberts, Brett Kavanaugh and Amy Coney Barrett.
"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," Kagan wrote.
An attorney for Nealy, Wes Earnhardt, said the opinion gives clarity on an important issue.
Three conservative justices dissented. Justice Neil Gorsuch wrote that the majority sidestepped the important question: Whether Nealy's claim was valid to begin with, or whether copyright holders should have to show some kind of fraud in order to sue over older violations. The dissenters said the suit should have been dismissed.
The Many Hires Jeremiah Wassom As Group Creative Director
Independent agency The Many has added Jeremiah Wassom as group creative director.
Wassom most recently worked a decade at Deutsch LA where, as SVP/creative director, he led the Taco Bell account and won new business for the agency. His agency past also includes AKQA and TBWAChiatDay. His creative work has touched the QSR, video games, automotive, fashion, and culture brand sectors. He also served eight years with the United States Marine Corps.
“Throughout his career, Jeremiah has helmed work that has not only made me personally jealous but has consistently pushed brands to show up in memorable and innovative ways,” said Josh Paialii, head of creative at The Many. “One look at his body of work and you will see his passion for storytelling and craft has raised the bar for entire categories, driving participation with many brands’ most loyal fans. Beyond being a world-class creative director and maker, Wassom is a proven team player and strategic thought leader. He’ll be a great addition to the leadership team at The Many working across all accounts. His role will be immediately felt as he guides and supports each of the creative leads in the department.”
A 20-year creative with agency, brand, and freelance experience, Wassom has forged a creative approach which focuses on crafting engaging connections rather than simply make ads. He sees the need for advertising to mean more, not simply do more.
The Many believes that true business growth is made possible by harnessing the power of participation and partners with brands to forge deeper connections with consumers, cultivate trust and loyalty, and maximize marketing spend and execution. The agency is built around a flexible model that offers a suite of capabilities, including... Read More