Supreme Court Rules Damages for Copyright Infringement Can be Recovered for More than Three Years in Timely Filed Suit; But the Dissenters See a Different Future.

On May 9, the Supreme Court resolved an important question about whether the three-year statute of limitations under the Copyright Act also limits monetary damages to a period of three years before filing suit. In a 6-3 decision authored by Justice Elena Kagan, the Court held in Warner Chappell Music, Inc. v. Nealy, that a copyright owner can obtain monetary damages for any timely infringement claim, no matter when the infringement occurred.

What Does the New Supreme Court Opinion on Copyright Fair Use Mean for You?

On Thursday, May 18, the U.S. Supreme Court issued its first major opinion on fair use in copyright in almost 30 years. In Andy Warhol Foundation v. Goldsmith, the Court was asked to determine whether the Andy Warhol Foundation’s (AWF) licensing of one of Warhol’s prints of the legendary musician Prince Rogers Nelson, based on a photograph by Lynn Goldsmith, to use as a magazine cover was a fair use under copyright law. The Court grappled with the question of when a copyright holder’s right to “transform” their works into derivative works is impinged by artists who recycle copyrighted works into new art. In a 7-2 decision, the justices held that the Foundation’s licensing activities were not a fair use of Goldsmith’s copyrighted work.

Gray Ice Higdon Wins Again!

Fresh off the heels of a large verdict in a patent infringement jury trial in Chicago in December, Robert Theuerkauf led the Gray Ice litigation team to another big win. Representing MHL Custom, Inc, , a US company in Puerto Rico, Theuerkauf led a trial team including Dennis Murrell, Brian McGraw and Melissa Rennirt to a complete victory on all claims in another patent infringement trial, this time in Delaware.

We Know What We Do Well

Managing partners John Salazar, Tom Ice and Elisabeth Gray sit down with Louisville Business First to discuss the future of Gray Ice Higdon.

Celebrating Our Lawyers

Gray Ice Higdon, PLLC is pleased to announce that 18 of its lawyers have been selected for recognition by Super Lawyers for 2023, including 3 who have been recognized on the “Top Lists” for Kentucky.

Chicago Trial Win

The Gray Ice Higdon trial team obtained a jury verdict for its client, Sioux Steel, in a patent infringement trial in federal court in Chicago.

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