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Copyright › Fee-Shifting

A Copyright is an exclusive legal right granted to the creator of an original work to license, copy, sell, distribute, or otherwise exploit the work for his or her own benefit.
McDermott Will & Schulte

Wrestling with prevailing defendant’s post-trial fee request in copyright dispute

McDermott Will & Schulte on

The US Court of Appeals for the Fifth Circuit affirmed a district court’s denial of attorneys’ fees to the defendant after it prevailed at trial in a copyright infringement suit, concluding that the district court adequately...more

McDermott Will & Schulte

Change in Law Leading to Case Dismissal Doesn’t Preclude Attorneys’ Fees

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Addressing the symmetrical fee-shifting provision of the Copyright Act and whether a prevailing defendant was entitled to fees even when the plaintiff moved to dismiss the case in response to a change in law, the US Court of...more

Morrison & Foerster LLP

MoFo IP Newsletter - August 2016

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Supreme Court Abolished Federal Circuit's Test for Willfulness - On June 13, 2016, in Halo Electronics, Inc. v. Pulse Electronics, Inc., 579 U.S. ___ (2016), the Supreme Court unanimously abrogated the Federal Circuit’s...more

McDermott Will & Schulte

Kirtsaeng II: Fees in Copyright Cases Depend on Reasonableness of Litigation Position

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Under 17 USC § 505, a “court may . . . award a reasonable attorney’s fee to the prevailing party.” However, when deciding whether to award attorneys’ fees under the Copyright Act’s fee-shifting provision, 17 USC § 505, the...more

Bradley Arant Boult Cummings LLP

Supreme Court Affirms Discretion to Award Fees in Copyright Suits, But Case Precedence Not Relevant

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The Copyright Act states that the trial court “may…award” attorney’s fees to the prevailing party. Legal fees incurred by plaintiffs and defendants alike in copyright and other intellectual property cases can be staggering,...more

Morrison & Foerster LLP - Social Media

The Kirtsaeng Opinion: Supreme Court Guidance on Attorneys’ Fees Awards in Copyright Cases

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Recently, in Kirtsaeng v. John Wiley & Sons, Inc., the U.S. Supreme Court provided substantial guidance in an unsettled area of law by holding that, when deciding whether to award attorneys’ fees under 17 U.S.C. §505, the...more

Akerman LLP - Marks, Works & Secrets

The Importance of Being Earnest and Objectively Reasonable

Akerman LLP - Marks, Works & Secrets on

Kirtsaeng v. John Wiley & Sons, Inc. continues to make controlling copyright law, visiting the U.S. Supreme Court for the second time on an issue of great importance to copyright owners and litigants. This time, the issued...more

Foley Hoag LLP - Making Your Mark

Objective Reasonableness Can Be Central to Fee-Shifting Analysis in Copyright Cases

Foley Hoag LLP - Making Your Mark on

In Kirtsaeng v. John Wiley & Sons, Inc., the Supreme Court clarified the test for awarding attorney’s fees when applying the Copyright Act’s discretionary fee-shifting provision, 17 U.S.C. § 505. The Court held that the...more

Fish & Richardson

“Objective Reasonableness” is a Primary Factor, But Not the Sole Factor, When Determining a Fee Award in a Copyright Case

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FACTS: John Wiley & Sons (“Wiley”) filed a lawsuit against Supap Kirtsaeng (“Kirtsaeng”) when it discovered that Kirtsaeng’s family and friends abroad were purchasing Wiley textbooks at a discounted rate and shipping them to...more

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