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The Copyright Act Appeals Attorney's Fees

McDermott Will & Emery

The Game of Life: Winner Gets Everything Except Attorneys’ Fees

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The US Court of Appeals for the First Circuit agreed with the trial court regarding the reasonableness of the plaintiff’s legal positions and found that the trial court did not abuse its discretion in denying the defendants,...more

McDermott Will & Emery

Lanham Act Liability May Apply to Copyrighted Material

The US Court of Appeals for the Ninth Circuit found that liability under the Copyright Act and liability under the Lanham Act are not mutually exclusive and that liability under the Copyright Act does not negate trade dress...more

McDermott Will & Emery

Ninth Circuit Provides Clarity on the Scope of Receiverships

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The US Court of Appeals for the Ninth Circuit affirmed an order denying the defendants’ motion to discharge a receiver who had been appointed to aid in the execution of a judgment for violations of the Copyright Act. WB Music...more

Dorsey & Whitney LLP

SCOTUS Agrees to Consider Whether Copyright Act Section 411 Requires an Intent to Defraud

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The U.S. Supreme Court recently granted certiorari to tackle a technical copyright registration question: when a defendant alleges knowing inaccuracies in a copyright registration, does 17 U.S.C. § 411 require referral to the...more

McDermott Will & Emery

“Can’t Hold Us” Liable: Macklemore & Ryan Lewis Win Affirmance in Copyright Suit

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The US Court of Appeals for the Fifth Circuit affirmed a grant of summary judgment on the issue of copyright infringement and an award of attorneys’ fees against the plaintiff under the Copyright Act. Although the Court noted...more

McDermott Will & Emery

Prayer for Declaratory Relief Invokes Copyright Act and Available Attorneys’ Fees

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Vacating the district court’s order denying a defendant’s recovery of attorneys’ fees under the Copyright Act, the US Court of Appeals for the Ninth Circuit held that, even when asserted as a claim for declaratory relief, any...more

Fox Rothschild LLP

Ninth Circuit Expands Access to Attorney’s Fees In Copyright Cases

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In a decision that opens the door wider for winning parties to seek awards of attorney's fees in copyright disputes, the U.S. Court of Appeals for the Ninth Circuit has ruled that a declaratory action alleging copyright...more

Jaburg Wilk

The Ninth Circuit Helps Copyright Owners Battle Widespread Infringement in Glacier Films v. Turchin

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On July 24, 2018, the Ninth Circuit issued a decision that can be an important tool to help copyright owners enforce their rights. It’s not unusual for copyright owners to believe that it’s just not worth going after some...more

McDermott Will & Emery

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

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In Depth - 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...more

McNees Wallace & Nurick LLC

Supreme Court Injects Uncertainty Into Attorney’s Fee Awards in Copyright Cases

The day after it liberalized the standard for awarding enhanced damages in patent cases, a unanimous Supreme Court, in an opinion authored by Justice Kagan, substantially broadened lower courts’ discretion in granting...more

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