On June 16, 2016, the U.S. Supreme Court issued an opinion in Kirtsaeng v. John Wiley & Sons, Inc., to provide lower courts with guidance regarding the circumstances for awarding attorneys’ fees to a prevailing party in a copyright action. Often a misunderstood provision, 17 U.S.C. § 505 provides for attorneys’ fees, but does not specify any parameters for when a prevailing party should be awarded those fees. The apparent wide latitude given to trial courts under the Copyright Act contrasts with patent law which, under 35 U.S.C. § 285, calls for attorneys’ fees in exceptional patent infringement cases.
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