Flo Rida performs on stage at the Teen Choice Awards in Universal City, California, Sunday, July 22, 2012 (Photo by John Shearer/Invision/AP)
John Shearer
The U.S. Supreme Court ruled Thursday in favor of a Miami music producer in a legal battle with the producer. Warner Music A dispute over the time limit for claiming monetary damages in a copyright case surrounding a song by rapper Flo Rida has been resolved.
The 6-3 ruling, written by liberal Justice Elena Kagan, affirmed a lower court ruling in favor of producer Sherman Nealy, who in 2018 filed a federal lawsuit in Florida. The court sued Warner affiliates and others.
Neely said his label, Music Specialist, owns the rights to the electronic dance song “Jam the Box” by Tony Butler, also known as Pretty Tony. Warner artist Flo Rida, who goes by the name Tramar Dillard, incorporated elements of “Jam the Box” into his 2008 song “In the Ayer.”
Neely is suing music publishing company Warner Chappell and others, claiming they obtained an invalid Jam the Box license from his former business partner, Butler, while Neely was incarcerated for distributing cocaine. The producers are seeking damages for alleged copyright infringement in 2008.
Under the U.S. statute of limitations for filing copyright infringement lawsuits after discovery of a claim, a federal judge ruled that Neely could only recover damages for infringements that occurred within three years before he filed the lawsuit. The Atlanta-based 11th U.S. Circuit Court of Appeals overturned the ruling and said “timely action would not result in damages.”
On Thursday, the Supreme Court upheld the Eleventh Circuit’s ruling.
The U.S. Supreme Court Building in Washington, DC, on April 23, 2024.
Anna Money Tree | Getty Images
“The Copyright Act gives a copyright owner the right 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 justices said they could not rule on the case until they reconsidered the statute of limitations issue in another dispute. Judges are currently considering whether to apply the discovery rule in a copyright dispute between Hearst Newspapers and photographer Antonio Martinelli.
“What worries me is that we are being asked to decide an issue that may be eliminated by a subsequent decision,” namely whether discovery rules apply, conservative Justice Samuel Alito said during arguments.
Conservative Justice Neil Gorsuch echoed Alito’s statement in a dissent on Thursday, joined by Alito and Justice Clarence Thomas.
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