New Ruling Makes Old Postings a New Copyright Problem; Lexology, August 21, 2025

Gordon Feinblatt LLC, Lexology; New Ruling Makes Old Postings a New Copyright Problem

 "Go through your website and delete any old photos and music you do not own or have a license to use. Every company and internet user should be diligent and not post any images, music, or other content unless they are certain they have the rights to do so. Lesson number one is: do not merely pluck material from the internet and use it for yourself.

Lesson number two is that copyright owners can now look back more than three years and obtain damages for a long history of infringement. Last year the Supreme Court ruled that copyright damages can reach back to the beginning of the infringing usage so long as a copyright infringement case is properly brought. This means that historical usage of infringing works can rack up many years of damages."

Supreme Court rules for producer against music giant Warner in copyright case; Boing Boing, May 13, 2024

ROB BESCHIZZA  , Boing Boing; Supreme Court rules for producer against music giant Warner in copyright case

"The U.S. Supreme Court ruled that there is no time limit for recovering monetary damages in copyright cases filed before the statue of limitations. The case "turned on whether copyright damages are limited to the period of infringement that occurred during the statute of limitations or whether it could also include instances of infringement from before the statute of limitations period."

The 6-3 ruling, authored by liberal Justice Elena Kagan, affirmed a lower court's decision that favored producer Sherman Nealy, who sued a Warner subsidiary and others in Florida federal court in 2018."

A legal victory for the kickstarted Star Trek mashup censored by Dr Seuss's estate; BoingBoing, June 12, 2017

Cory Doctorow, BoingBoing; A legal victory for the kickstarted Star Trek mashup censored by Dr Seuss's estate

"Last October, the Dr Seuss estate used legal threats to halt a wildly successful crowdfunded Seuss/Star Trek mashup called "Oh, The Places You'll Boldly Go," whose contributors included comics legend Ty Templeton and Tribbles creator David Gerrold.

The Seuss estate argued that the book infringed its trademarks and copyrights. Now, the United States District Court for the Southern District of California court has ruled on the trademark question and found that there is no valid trademark claim thanks to "nominative fair use," and also indicated that it would be favorably disposed to fair use defenses on the copyright question.

The estate has two weeks to prove copyright damages and to amend its trademark claims."