Supreme Court Instructs Courts On How and When to Award Attorney Fees under the Copyright Act (Kirtsaeng v. Wiley)
by Nancy Wolff, DMLA Counsel and Brittany Kaplan, Cowan, DeBaets, Abrahams & Sheppard LLP
Attorney’s fees under the Us Copyright Act are discretionary with the court, and not awarded as a matter of course. The last time the Supreme Court examined attorney’s fees under the Copyright Act was in 1994 in Fogerty v. Fantasy, Inc., 510 U. S. 517 (1994) where it provided factors for the lower courts to consider and confirmed that defendants, as well as plaintiffs could seek fees as a prevailing party.
In the recent case that reached…Read more