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Attorney's Fees The Copyright Act Copyright

Davis Wright Tremaine LLP

Digital Replicas and the First Amendment: The Latest in Artificial Intelligence Legislation

Image-generating technology is accelerating quickly, making it much more likely that you will be seeing "digital replicas" (sometimes referred to as "deepfakes") of celebrities and non-celebrities alike across film,...more

McDermott Will & Emery

Go Home: No “Prevailing Party” Status After Voluntary Dismissal Without Prejudice

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The US Court of Appeals for the Eleventh Circuit affirmed a district court’s ruling that a copyright holder’s voluntary dismissal of its claims did not render the defendant a prevailing party entitled to attorneys’ fees under...more

McDonnell Boehnen Hulbert & Berghoff LLP

The NO FAKES Act: Bipartisan Group of Senators Introduce Bill to Protect against Unauthorized Uses of Digital Replicas

After floating a discussion draft last fall, a bipartisan group of Senators formally introduced the Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2024 ("the NO FAKES Act" or "the Act") on July 31, 2024. ...more

Vondran Legal

BMI Files Multiple Music Infringement Cases in Arizona District Court

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This blog is written by Arizona copyright lawyer Steve Vondran. Vondran Legal has handled hundreds of federal court litigation cases since its founding in 2004. One important area we practice is restaurant IP law, which...more

McDermott Will & Emery

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

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

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

Weintraub Tobin

Is The Best Defense To A Copyright Infringement Claim No Defense At All?

Weintraub Tobin on

We recently discussed a new trend in celebrity copyright litigation on our YouTube channel and podcast (The Briefing on YouTube). Specifically, we discussed celebrities taking a stand and defending copyright claims brought by...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

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

Holland & Knight LLP

SDNY Court: Claim Must Be "Wholly Without Merit" to be Entitled to Attorney Fees Under DTSA

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Magistrate Judge James L. Cott of the U.S. District Court for the Southern District of New York recently recommended denial of a motion for attorneys' fees to a prevailing party under the Defend Trade Secrets Act (DTSA). The...more

Robins Kaplan LLP

The Big Three Sue an ISP for Enabling Copyright Infringement

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The so-called Big Three record companies—Universal, Sony, and Warner—have sued to hold an internet service provider liable for facilitating its customers’ copyright infringement....more

McDermott Will & Emery

Attempts to Hide Settlement Leads to Sanctions and No Award of Attorneys’ Fees

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Addressing the award of attorneys’ fees under the Copyright Act, the US Court of Appeals for the Seventh Circuit affirmed a district court’s finding that a defendant was not the “prevailing party” for purposes of a fee award...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

Plaintiffs Walk Out in Shame After Attorneys’ Fees Award Affirmed

Addressing the proper analysis for awarding attorneys’ fees and costs under the Copyright Act in the wake of the Supreme Court of the United States’ ruling in Kirtsaeng v. John Wiley & Sons, the US Court of Appeals for the...more

Proskauer - New Media & Technology

Controversial “Gripe Site” Protected (Again) by the Communications Decency Act and Defeats Novel Copyright Attack with Website...

The controversial consumer gripe site, RipoffReport.com, is at it again. The First Circuit recently affirmed a lower court’s ruling that RipoffReport.com was entitled to immunity under Section 230 of the Communications...more

Buchalter

The Supreme Court Clarifies Standard For Attorney Fee Awards In Copyright Cases

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Copyright infringement litigation has been on the rise in recent years, particularly in the Central District of California, with the apparel industry feeling the brunt of this uptick. In a typical case, a plaintiff alleges...more

McDermott Will & Emery

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

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

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

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

Ladas & Parry LLP

Supreme Court In Kirstaeng V Wiley: Objective Reasonableness Not Controlling For Attorney Fees

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The case of Kirstaeng v. Wiley hit the headlines in 2013 when the Supreme Court held that importation and sale in the United States of books bought from the copyright owner in Thailand was not an infringement of copyright,...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

Chambliss, Bahner & Stophel, P.C.

High Court Eases Ability to Recover Enhanced Remedies in Patent and Copyright Cases

Within the past week, the U.S. Supreme Court handed down two unanimous rulings that could make it easier for prevailing parties in patent cases to recover enhanced damages and for winning parties in copyright cases to recover...more

Akerman LLP - Marks, Works & Secrets

The Importance of Being Earnest and Objectively Reasonable

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

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