Intellectual Property

Supreme Court Permits Unlimited Damages for Copyright Owners Relying on Discovery Doctrine

Copyright owners are celebrating a major victory in the United States Supreme Court. In the case of Warner Chappell Music, Inc. v. Nealy, decided May 9, 2024, the Court held that a plaintiff who brings a copyright infringement action within three years of discovering the infringement can recover damages dating back to the original infringement, even if it occurred decades ago. 

Under the Copyright Act, a plaintiff must file suit within three years of the accrual of the infringement claim. Traditional notions of statutes of limitations dictate that, for an ongoing tort or statutory violation, a claim accrues each time there is a violation. For example, if a song that infringed on a copyrighted song was reproduced or publicly performed yesterday, then an infringing act occurred yesterday, and the copyright owner would have three years to file suit. Even if the song was very old, the plaintiff could have a valid infringement claim due to ongoing infringement. As a result, under this theory of accrual, the copyright owner could recover damages that accrued during the three years immediately preceding the lawsuit, or infringements within the statute of limitations, also known as the “look-back period.”  

The Supreme Court upheld the accrual rule in the matter of Petrella v. Metro-Goldwyn-Mayer, Inc. While the holding of the case was that the laches doctrine could not be used to limit a plaintiff’s rights when Congress has enacted a governing statute of limitations, the Court approved the look-back period to limit recoverable damages. In allowing a plaintiff to wait to judge the success of an infringing work and decide “whether litigation is worth the candle,” the Court stated that the plaintiff “will miss out on damages for periods prior to the three-year look-back.” 

Rather than simply accepting the damages limitations caused by the look-back rule, the plaintiff in Nealy argued that his damages should not be limited at all because he only discovered, for the first time, the infringement during the three years prior to filing suit. This was not a case of the plaintiff waiting to see if litigation was worth the candle. If the late discovery limited damages, then the discovery doctrine would not serve its purpose.

But the District Court limited the plaintiff’s damages to the look-back period, finding that “even when claims for old infringements are timely, monetary relief is ‘limited’ to ‘the three years prior to the filing’ of the action.” 

The Court of Appeals for the Eleventh Circuit reversed. The court held that a plaintiff with a timely claim under the discovery rule may obtain relief for infringement even if it occurred more than three years before the lawsuit was filed. The court reasoned that the Copyright Act does not include a separate damages bar for an otherwise timely copyright claim. 

The Supreme Court began its opinion with an important premise—that the discovery rule governs the timeliness of copyright claims. Warner Chappell did not challenge that legal issue, so the Court left the issue unsettled. The circuits are split on this issue, but, at least for now, the Eleventh Circuit continues to follow the discovery rule for copyright infringement actions. 

Assuming the applicability of the discovery doctrine, the Supreme Court held that there is no time limit on monetary recovery. The holding is significant because the Copyright Act permits recovery of both the copyright owner’s actual damages and the infringer’s profits. 17 U.S.C. § 504(a) – (c).

Copyright holders should take special notice of the holding in Nealy for two reasons. First, a plaintiff must move relatively quickly upon discovering infringement of her work if she wants to maximize her recovery. A copyright owner should memorialize the date of the discovery to mark the beginning of the three-year window to file a lawsuit. That window must be strictly observed to preserve a claim for the maximum amount of damages. An owner should contact intellectual property counsel in plenty of time to file a copyright infringement lawsuit before the expiration of the three-year period. 

Second, plaintiffs (and copyright counsel) may adequately plead the discovery doctrine to maximize the potential recovery of damages based on the infringer’s profits, as opposed to relying merely on the fact that an act of infringement occurred within the last three years.  If the infringing work has been successful over a long period of time, this pleading decision could be the difference between a significant damages recovery and an average one.

Turkel Cuva Barrios is experienced in copyright infringement actions, having represented numerous artists in claims for money damages and injunctive relief. Contact us if you have any questions or are in need of counsel.


Brad Barrios and David Hayes obtained an affirmance from the Fifth District Court of Appeal

March 2024: Brad Barrios and David Hayes obtained an affirmance from the Fifth District Court of Appeal of a trial court’s order denying three defendants’ motions to dismiss for lack of personal jurisdiction. TCB filed the case for misappropriation of trade secrets and breach of a nondisclosure agreement on behalf of a Florida-based client against three Pennsylvania-based defendants. TCB defeated personal jurisdiction arguments at the trial and appellate courts.


Brad Barrios was a panelist on the Entertainment Law Pane

March 2024: Brad Barrios was a panelist on the Entertainment Law Panel at the Gasparilla International Film Festival moderated by University of Tampa Film Professor Aaron Walker.


Ken Turkel and Brad Barrios lectured on current trends in intellectual property and entertainment law

March 2024: Ken Turkel and Brad Barrios lectured on current trends in intellectual property and entertainment law at Tulane University Law School for the Tulane Technology & Intellectual Property Society. Ken and Brad also discussed several of TCB’s recent cases in the entertainment industry in an interactive forum with law students.


Ken Turkel, Tony Cuva, and Brad Barrios were recognized as Top Lawyers in their respective practice areas

January 2024: Ken Turkel, Tony Cuva, and Brad Barrios were recognized as Top Lawyers in their respective practice areas by Tampa Magazines. Voted for by their peers, Ken was recognized in First Amendment Litigation, First Amendment Law, and Media Law Mediation; Tony was recognized in Admiralty & Maritime Law; and Brad was recognized in Intellectual Property Litigation.


The Best Lawyers in America

January 2024: The Best Lawyers in America ® TCB earned a Tier 1 Ranking for Best Law Firms in Commercial Litigation and a Tier 2 Ranking for Best Law Firms in Admiralty & Maritime Law. In addition, Ken Turkel, Brad Barrios, and Shane Vogt were recognized as Best Lawyers in Commercial Litigation, while Tony Cuva was recognized as a Best Lawyer in Admiralty & Maritime Law.

Admiralty and Maritime

Important Factors in Proving a Maritime Injury Claim

Maritime injury claims can encompass a wide array of incidents, including but not limited to, injuries sustained by crew members, accidents involving recreational boaters, and casualties related to commercial shipping operations. Given the nature of these claims, engaging with a maritime lawyer in Florida who possesses a comprehensive understanding of this legal domain is paramount.

4 Critical Elements of a Maritime Injury Claim

As a shipowner, understanding the complexities of maritime injury law is crucial for protecting your business interests and ensuring the safety of your crew. Injuries on vessels can lead to costly claims, highlighting the need for a proactive approach and careful attention to potential liabilities.

Element 1: Seaman Status and the Jones Act

The Jones Act offers broad rights to injured maritime workers classified as “seamen.” For shipowners, this definition is critical because it significantly impacts potential liabilities. Courts tend to interpret seaman status liberally, considering factors like job duties and connection to the vessel’s function.

Understanding these factors – which can encompass a wide range of crew members beyond just sailors – is vital. By structuring operations to minimize the number of workers who qualify as seamen under the Jones Act, shipowners can potentially reduce their exposure to lawsuits under this law.

Element 2: Burden of Proving Lack of Negligence

Maritime law often places the burden of proof on shipowners to demonstrate they were not negligent in cases of crew member injuries. This can be particularly challenging, especially when accidents involve complex or disputed circumstances.

To counter a claim effectively, shipowners need comprehensive documentation showcasing their commitment to safe operations. This includes detailed records of safety protocols, proper maintenance schedules for vessels and equipment, and crew training programs. Maintaining such documentation allows shipowners to demonstrate they took reasonable steps to prevent accidents and injuries.

Element 3: The Need for Robust Evidence

Successful defense against maritime injury claims hinges on meticulous record-keeping. In the aftermath of an incident, detailed reports from the captain and crew, witness statements from those who were present, and comprehensive maintenance logs become crucial evidence. Shipowners must establish clear procedures for gathering and preserving such documentation.

This might involve designating a responsible party to collect witness statements immediately after an incident and implementing a system for safekeeping accident reports and maintenance logs. By having robust evidence readily available, shipowners can effectively counter claims and potentially mitigate liability.

Element 4: Statutes of Limitations and Timely Action

Adherence to deadlines is paramount in maritime law. Shipowners must be acutely aware of the statutes of limitations applicable to maritime injury claims. These deadlines dictate the timeframe within which a claim must be filed to be considered valid. Failure to respond promptly to a claim can significantly weaken a shipowner’s legal position. It’s essential to have a system in place to ensure prompt notification of any potential claims and swift legal action to protect the shipowner’s interests.

Top 5 Proactive Measures for Shipowners

To mitigate their exposure to maritime injury claims, shipowners should prioritize:

Top 5: Safety Protocols

Implement comprehensive safety guidelines tailored to your specific operations, provide regular training to all crew members, and rigorously enforce safety protocols. Demonstrate a proactive commitment to a safe workplace to strengthen your position should a claim arise.

Top 4: Maintenance and Upkeep

Establish preventive maintenance schedules for vessels and equipment, meticulously document all inspections and repairs, and ensure everything is kept in seaworthy condition. This shows due diligence in preventing accidents caused by equipment failure.

Top 3: Training and Supervision

Provide thorough onboarding training for new crew members, regular refresher courses for all staff, and specialized training for those operating complex machinery. Effective supervision helps ensure safety protocols are followed and potential hazards are addressed promptly.

Top 2: Insurance Coverage

Work with a knowledgeable insurance broker to secure comprehensive maritime insurance, including appropriate coverage for potential claims, legal costs, and business losses. Proper insurance is a crucial safety net for your operations.

Top 1: Experienced Legal Counsel

Engage a maritime law firm for ongoing advice on compliance and risk management. Should a claim arise, they become your dedicated advocates, leveraging their knowledge to protect your interests.

Choosing the Right Maritime Lawyer

Facing a maritime injury claim can be complex and costly for shipowners. Engaging with experienced maritime lawyers in Florida is vital for safeguarding your interests and ensuring a robust defense. At Turkel Cuva Barrios, our maritime attorneys focus in providing comprehensive legal counsel for shipowners. We understand the unique challenges you face and are equipped to handle maritime injury cases with strategic guidance.

Our maritime lawyers have in-depth knowledge of maritime law, ensuring we can proactively address issues like seaman status, anticipate negligence arguments, and build a strong defense strategy based on your documentation and procedures. If you face a maritime injury claim, don’t hesitate to contact us for a consultation. We’re here to help you navigate these complex legal matters and protect your business interests.

Let us safeguard your interests. Contact the experienced maritime lawyers at Turkel Cuva Barrios for strategic counsel and effective representation.

Admiralty and Maritime

Gathering Evidence to Prove a Maritime Injury Claim

Maritime workers typically aren’t covered by traditional workers’ compensation. Instead, maritime injury law dictates the rights and avenues to seek compensation based on the circumstances. Two of the most prominent laws are:

The Jones Act

The Jones Act, formally known as the Merchant Marine Act of 1920, is foundational to maritime injury law in the United States. It acknowledges the perilous conditions under which seamen operate and provides them with the ability to seek damages from their employers in the event of injury. Crucially, the Act allows injured seamen to sue their employers for negligence, a provision not typically found in standard workers’ compensation claims.

Negligence under the Jones Act can encompass a wide range of conditions, from unsafe working environments and inadequate training to faulty equipment and insufficient safety protocols. For a claim to be successful, the injured party must demonstrate that the employer’s negligence played a part, however small, in their injury. This broad interpretation of negligence means that the threshold for proving an employer’s fault is lower under the Jones Act than in common personal injury law.

The Longshore and Harbor Workers’ Compensation Act (LHWCA)

While the Jones Act specifically protects seamen, the Longshore and Harbor Workers’ Compensation Act (LHWCA) extends similar protections to a broader range of maritime workers. This includes individuals involved in maritime work on navigable waters or in adjoining areas such as docks, piers, terminals, and shipyards. The LHWCA provides for compensation and medical care for workers injured on the job and benefits to survivors in the case of work-related death.

Unlike the Jones Act, which requires proof of negligence, the LHWCA operates on a no-fault basis. This means that eligible workers can receive benefits regardless of who was at fault for their injuries. The Act covers a variety of benefits, including medical expenses, rehabilitation costs, and compensation for lost wages due to temporary or permanent disability.

One of the notable aspects of the LHWCA is its provision for vocational rehabilitation services for injured workers. This acknowledges the potential need for retraining or education to enable workers to return to gainful employment, either within the maritime industry or in a new field.

Types of Evidence in Maritime Injury Claims

Evidence is the cornerstone of any legal claim, but it holds particular weight in maritime injury cases. Key types of evidence include:

Accident Reports

Accident reports are typically generated immediately following the incident and contain vital details such as the date, time, and location of the accident, a description of what occurred, the cause of the incident, and the extent of the injuries sustained. An official accident report can serve as a foundational piece of evidence, providing a contemporaneous record of the event. It is crucial that these reports are accurate and comprehensive, as they offer an initial overview of the incident that can be pivotal in establishing the facts of the case.

Witness Statements

The accounts of coworkers or other witnesses who observed the accident unfold are invaluable in corroborating the injured party’s narrative of events. Witness statements can provide additional perspectives and details that may not be immediately apparent in the accident report. They can also help to establish the conditions leading up to the incident, potentially highlighting negligence or unsafe conditions that contributed to the injury. The credibility and detail of witness testimony can significantly influence the strength of a claim.

Medical Records

Medical records offer a detailed account of the injuries sustained, the treatment administered, and the prognosis for recovery. To link these records to the maritime accident, it is necessary to demonstrate that the injuries documented are a direct result of the incident in question. Detailed medical records not only substantiate the claim of injury but also help in quantifying damages for medical expenses, pain and suffering, and potential future medical needs.

Records of Lost Wages

For many maritime workers, an injury can result in significant time away from work, leading to lost wages and, in some cases, diminished future earning capacity. Documentation of lost wages is essential for recovering these economic damages. Pay stubs, employment contracts, and letters from employers can all serve as evidence to support claims for lost income. This type of evidence ensures that injured workers are compensated for immediate losses and also for any long-term financial impacts of injuries.

Maintenance and Inspection Records

In cases where an injury is attributed to faulty equipment or unsafe conditions on a vessel, maintenance and inspection records become key pieces of evidence. These records can reveal whether the equipment involved in the incident was properly maintained and inspected according to industry standards and regulations. A lack of proper maintenance or inspection records can suggest negligence on the part of the employer or vessel owner, thereby strengthening the injured party’s claim.

Turkel Cuva Barrios: Your Advocates at Sea

Maritime incidents pose complex legal risks for shipowners. TCB Law provides experienced guidance and robust defense in the face of liability claims. Our in-depth understanding of maritime law ensures compliance and protects your interests. Our maritime attorneys will handle the legal complexities, allowing you to focus on your operations. Contact us today for a consultation.

Admiralty and Maritime

Maritime Law Damages: What Do They Include?

As with any area of law, being injured as a result of actions falling under maritime law entitles victims to seek compensation. However, maritime law is complex, and the types and amounts of damages available can be very different.

Types of Damages in Maritime Cases

Understanding the types of damages in maritime cases is crucial for anyone involved in a maritime accident or injury. Maritime law’s unique characteristics mean that the compensation workers may be entitled to can vary significantly based on the specific circumstances of the case and the responsible parties involved. Here’s a more detailed exploration of the potential damages:

Economic Damages

Economic damages are intended to compensate for the tangible, financial losses resulting from a maritime incident. These damages are quantifiable and can be directly linked to the injury or accident. Key categories include:

  • Medical Expenses: This includes all costs related to medical care, from emergency treatment immediately following the incident to long-term rehabilitation services. Future medical expenses are also considered if ongoing care is required.
  • Lost Wages: Compensation for lost wages is crucial for individuals who are unable to work while recovering. This includes not only lost income from missed workdays but also lost overtime and bonuses.
  • Diminished Earning Capacity: If the injury results in a permanent disability that affects the ability to earn a living at the same capacity as before, an individual may be entitled to compensation for diminished earning capacity. This takes into account the difference in earning potential pre- and post-accident.
  • Replacement Services: If the individual is unable to perform regular tasks, such as household chores, and need to hire someone to assist, the costs of these services can be recovered as part of economic damages.

Non-Economic Damages

Non-economic damages seek to compensate for the intangible and more subjective impacts of an injury. These are not directly related to financial losses but rather address the emotional and psychological effects:

  • Pain and Suffering: Compensation for the physical pain and discomfort experienced during and after the incident, as well as any ongoing discomfort due to permanent injuries.
  • Emotional Distress: Recognizes the psychological impact of the injury, including anxiety, depression, and post-traumatic stress disorder (PTSD), which might not have immediate physical symptoms but significantly affect quality of life.
  • Loss of Enjoyment of Life: Reflects the diminished capacity to enjoy daily activities, hobbies, and recreational pursuits that were part of life before the injury.

Important Factors Influencing Maritime Damages

Several key factors come into play when determining the compensation owed to individuals injured in maritime settings. Understanding these nuances is essential for anyone involved in a maritime incident.

Firstly, the status of the injured party plays a significant role in the legal framework applicable to their case. Maritime law differentiates between various groups such as crew members, passengers, and longshore workers, each with specific rights and protections. For example, a seaman injured on the job may have the right to seek damages under the Jones Act if the injury was due to employer negligence, potentially expanding the range of compensable damages.

Another crucial element is the principle of “maintenance and cure,” a maritime law concept that mandates the provision of medical care and living expenses to injured maritime workers, irrespective of fault. This ensures that injured parties receive the necessary support for their medical treatment and basic living costs during their recovery, without the immediate need to establish liability.

Determining liability is another pivotal factor. Identifying who is at fault in a maritime accident involves a thorough investigation and often complex legal analysis. Liability may not rest with a single party; it could be shared among several, including vessel owners, operators, and even equipment manufacturers. The distribution of fault among these parties can significantly affect the outcome of a compensation claim, highlighting the importance of a detailed examination of the incident’s circumstances.

Let Us Help

Shipowners face unique legal challenges after maritime incidents. Our maritime attorneys at Turkel Cuva Barrios have decades of experience successfully navigating these complex situations. We can defend you against liability claims, ensure regulatory compliance, and assist with incident investigations. Let us protect your interests and guide you through the legal complexities. Contact us for a consultation today.

Admiralty and Maritime

When Does Maritime Law Apply to a Personal Injury Claim

Admiralty and Maritime law is the branch of law that governs torts (or wrongs) committed on the high seas or any navigable waterway. It also governs private maritime disputes and contracts. It encompasses a wide array of matters, including boating accidents, jet ski accidents, shipping, navigation, waters, commerce, and the resolution of disputes related to maritime activity. When it comes to personal injuries, maritime law plays a crucial role in determining liability, defenses, compensation, and the rights of those involved in maritime accidents.

When Maritime Law Takes Precedence

Understanding when maritime law applies is essential for anyone navigating, working, or engaging in recreational activities on the water. Here are key scenarios where maritime law is in force:

Injuries on Commercial Vessels

Maritime law casts a wide net over personal injuries that occur on board commercial vessels, including cargo ships, tankers, fishing vessels, and even cruise ships. Crew members are covered under this umbrella of legislation. The Jones Act, in particular, is a cornerstone of maritime injury law, offering seamen a legal pathway to pursue claims against their employers for injuries resulting from negligence or unsafe conditions on a vessel.

Recreational Boating Accidents

Maritime law is not confined to commercial endeavors alone. Recreational boating accidents fall squarely within its jurisdiction. When personal watercraft collide, or when accidents are caused by faulty equipment, individuals can seek redress under the principles of general maritime law. This ensures that recreational boaters have access to legal remedies in the wake of accidents.

Protection for Offshore and Dock Workers

Maritime law also extends its protective reach to those working in environments closely tied to maritime operations, such as docks, piers, and loading terminals. The Longshore and Harbor Workers’ Compensation Act (LHWCA) plays a critical role here, ensuring that workers who suffer injuries in these maritime settings are entitled to compensation and medical benefits.

Water Sports and Scuba Diving Incidents

The adventurous nature of scuba diving, jet-skiing, and other water sports carries inherent risks. Maritime law acknowledges these risks by encompassing incidents and injuries arising from these activities. This legal framework provides a safety net for participants, allowing them to pursue compensation for injuries and ensuring that safety regulations are strictly enforced. Scuba diving incidents may fall under Admiralty jurisdiction and the Maritime law

Who Does Maritime Law Protect?

Maritime law safeguards those who work and travel on navigable waters, ensuring they are protected from injuries and have pathways to compensation if accidents occur. Here’s a deeper dive into the key groups covered:

Seamen (Jones Act Seafarers)

The work of seamen can be dangerous. Maritime law, particularly the Jones Act, recognizes these risks. It specifically protects anyone who spends a significant portion of their work time on board a vessel in navigation and directly contributes to its operation. This includes, but is not limited to:

  • Captains and Deckhands: Those responsible for navigating and maintaining the vessel.
  • Engineers and Mechanics: Individuals keeping the vessel’s engines and systems operational.
  • Fishing Crew: Commercial fishermen operating in navigable waters.
  • Cruise Ship Staff: Workers who provide hospitality, entertainment, and maintenance services essential to the operation of the vessel.
  • Longshore and Harbor Workers: Ports rely on these workers for efficient cargo movement. The often physically demanding nature of their jobs means they are at risk of serious injuries.
  • Maritime law (specifically the Longshore and Harbor Workers’ Compensation Act, LHWCA) ensures these essential workers have financial protection when injured on the job.

Those traveling for business or pleasure on cruise ships, ferries, and other passenger vessels are legally guests. Maritime law mandates that vessel owners and operators take reasonable care to provide a safe environment for passengers. This applies both to accidents and potential illness during voyages.

Recreational Boaters

Even when not engaged in commercial activity, boaters on navigable waters are covered by maritime law. This is essential, as boating accidents can result in severe injuries. Laws exist to promote boating safety, and victims of negligence or defective equipment may pursue compensation.

Maritime law is complex, and the legal protections you are entitled to depend on several factors. Employment status (seaman, longshore worker, etc.) is crucial, as it determines whether remedies like the Jones Act or Longshore and Harbor Workers’ Compensation Act apply. Additionally, the type of vessel involved (commercial ship, cruise liner, recreational boat) impacts which specific regulations are relevant. Finally, the precise location of the incident matters, as it determines the jurisdictional waters and potentially applicable state laws alongside maritime law.

Why Choose Turkel Cuva Barrios

Maritime operations present unique risks and liabilities for shipowners. Understanding and navigating the complexities of maritime law is essential for minimizing those risks and protecting your business interests. An experienced maritime law firm becomes a crucial partner, safeguarding your operation.

The maritime attorneys at Turkel Cuva Barrios bring years of skill and knowledge in handling maritime cases involving injury, cargo disputes, regulatory compliance, and more. Contact us to explore proactive strategies for your vessel and crew.