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Copyright › Lack of Evidence

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

Hogan Lovells

Ninth Circuit holds that determination of copyright originality ill-suited for disposition on a motion to dismiss

Hogan Lovells on

The Ninth Circuit recently reversed the dismissal of copyright infringement claims in Hall v. Taylor Swift finding a lack of sufficient facts or evidence of record to justify a summary conclusion of lack of originality for...more

Shutts & Bowen LLP

Are Fees Recoverable Automatically When You Make a “Good” Offer of Judgment?

Shutts & Bowen LLP on

Nope. The party seeking fees pursuant to a rejected Rule 68 Offer of Judgment still has the burden of showing a proper offer was made, was served, and was not accepted. After what appears to have been 3+ years of contentious...more

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