The Supreme Court sides with a music producer in a copyright case over a sample of Flo Rida’s hit

WASHINGTON (AP) – The Supreme Court on Thursday sided with a music producer in a copyright case, allowing him to hunt damages for greater than a decade over a sample used in Flo Rida’s hit song.

The 6-3 decision got here in a case filed by Sherman Nealy, who was suing the music used in the 2008 song “In the Ayer” by rapper Flo Rida. He also appeared on TV shows comparable to “So You Think You Can Dance”.

Nealy’s lawsuit says he was unaware that his former colleague had signed a contract with a record company while he was in prison that allowed him to sample “Jam the Box.” In 2018, he sued for damages dating back to the discharge of the song.

Copyright law states that lawsuits have to be brought inside three years of the infringement or its discovery. Record company Warner Chappell argued that this meant Nealy could be entitled to royalties for 3 years at most.

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The query of how far back damages can go has divided appellate courts and is a problem that industry groups comparable to the Recording Industry Association of America have urged the Supreme Court to make a decision.

The opinion issued Thursday was written by Justice Elena Kagan, joined by her liberal colleagues Sonia Sotomayor and Ketanji Brown Jackson, in addition to conservative Justices John Roberts, Brett Kavanaugh and Amy Coney Barrett.

“There is no time limit for recovering the funds. Therefore, a copyright owner who files a timely claim is entitled to damages for infringement, regardless of when the infringement occurred,” Kagan wrote.

Nealy’s attorney, Wes Earnhardt, said the opinion provides clarity on a vital issue.

Three conservative justices dissented. Justice Neil Gorsuch wrote that almost all missed a vital query: whether Nealy’s claim was valid to start with, or whether copyright owners must establish fraud to sue over older infringements. Opponents say the lawsuit ought to be dismissed.