caught early enough (De La, Biz Markie were caught early after the records were released) that is what affects how much the originator can get (court is like "you should have got it sooner!!!")

For instance, when I read the Knack was using RUN DMC in 2006 for "it's tricky" that was released in 1986, I thought that was "off". I read the case was settled out of court so maybe that shows the Knack really couldn't "do" RUN DMC like they could if the Knack sued in 1986 - 1992