Supreme Court sides with music producer in copyright case over Flo Rida hit sample

WASHINGTON – The Supreme Court sided with a music producer in a copyright case Thursday, allowing him to seek damages for more than a decade for a sample used in a hit Flo Rida song.

The 6-3 ruling came in a case brought by Sherman Nealy, who was suing over the music used in rapper Flo Rida’s 2008 song “In the Ayer.” It has also been featured on TV shows such as “So You Think You Can Dance”.

Nealy’s lawsuit says he was unaware that his former collaborator had struck a record deal while he was in prison that allowed him to sample the song “Jam the Box.” He sued in 2018 for damages since the song’s release.

Copyright law says that lawsuits must be filed within three years of the infringement or the time it is discovered. Record company Warner Chappell argued that this meant Nealy would only be entitled to a maximum of three years of royalties.

The question of how far damages can go has divided appeals courts, and it’s one that industry groups like the Recording Industry Association of America have asked the Supreme Court to decide.

The opinion delivered 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 for monetary recovery. Therefore, a copyright owner who has a timely claim is entitled to damages for infringement, regardless of when the infringement occurred,” Kagan wrote.

An attorney for Nealy, Wes Earnhardt, said the opinion clarifies an important issue.

Three conservative justices dissented. Justice Neil Gorsuch wrote that the majority avoided the important question of whether Nealy’s claim was valid to begin with, or whether copyright holders should have to show some kind of fraud to sue for older infringements. Dissidents said the lawsuit should have been dismissed.