SCOTUS Applies Discovery Rule; Cher Wins in MSA vs Copyright Grant Termination Notices; AI Update
Episode 168
SCOTUS applies the "discovery rule" in timely copyright infringement claim; Cher wins in Marital Settlement Agreement vs Copyright Grant Termination Notices; Student Athletes Win Revenue Share and NIL. This and much more on Episode 168 of the Entertainment Law Update Podcast.
SCOTUS Allows Discovery Rule in Timely Filed Copyright Infringement Cases:
In Warner Chappell Music, Inc. v. Nealy, the U.S. Supreme Court held in a 6-3 ruling the Copyright Act entitles a copyright owner to obtain monetary relief for any timely infringement claim, no matter when the infringement occurred. Opinion issued by Justice Kagan on May 9, 2024. Justice Gorsuch filed a dissenting opinion, in which Justices Thomas and Alito joined.
Cher Wins In Bono Estate Battle of Marital Settlement Agreement vs Copyright Grant Termination Notices:
In 1975, Cher divorced Sonny Bono, and entered into a marriage settlement agreement “MSA” which gave Cher a 50% interest in receipts from recording contracts/record royalties of Sonny Bono, as well as the right, title, and interest to receipts payable after 1978 from musical compositions that Sonny Bono owned prior to the marital separation. In 1998, Sonny Bono died, and his widow took over, and initially honored the terms of the MSA. In 2016, Mr. Bono’s surviving spouse filed copyright grant termination notices to reclaim certain rights and ceased paying Cher her share. The court ruled that was “no-no,” and Cher’s interest in a royalty stream was not cut off by the filing of copyright grant termination notices.
NCAA and Power Five Conferences Reach Settlement to Allow Schools to Pay College Athletes for Revenue Share and NIL
While the terms have not been disclosed, the NCAA and the Power Five athletic conferences settled a class action lawsuit requiring the NCAA and the Power Five conferences to pay almost $2.8 billion over the next 10 years to current and former student-athletes who were prohibited from receiving any revenue from endorsement and sponsorship deals.This settlement resolves three separate antitrust cases — House v. NCAA, Hubbard v. NCAA and Carter v. NCAA. The Power Five conference members: Atlantic Coast Conference (ACC), Big Ten Conference, Big 12 Conference, Pac-12 Conference, and Southeastern Conference (SEC). The settlement has two pathways for student athlete compensation: NIL and revenue sharing.
Listen to the Episode for this and much more.
