Vondran Legal® - Copyright Litigation Firm-Factors pertaining to the award of attorney fees. Call us if you need legal representation for a copyright mediation, arbitration, or litigation case. Contact us at (949) 945-8700.
Introduction
The prevailing party to a copyright infringement case will USUALLY, but not ALWAYS, recover attorney fees if they are the prevailing party to a copyright litigation. But, such a decision is left up to the sound discretion of the trial court judge.
17 U.S. Code § 505 - Remedies for infringement: Costs and attorney's fees
In any civil action under this title, the court in its discretion may allow the recovery of full costs by or against any party other than the United States or an officer thereof. Except as otherwise provided by this title, the court may also award a reasonable attorney's fee to the prevailing party as part of the costs.
Attorney Fee Factors - Watch Attorney Steve® Explain on Litigation Whiteboard®
Here are the five factors the court will apply in exercising its discretion in this regard.
"The Copyright Act provides for an award of reasonable attorneys' fees "to the prevailing party as part of the costs." 17 U.S.C. § 505. A district court may consider (but is not limited to) five factors in making an attorneys' fees determination pursuant to § 505. These factors are:
(1) the degree of success obtained,
(2) frivolousness,
(3) motivation,
(4) reasonableness of losing party's legal and factual arguments,
and
(5) the need to advance considerations of compensation and deterrence.
See Smith v. Jackson, 84 F.3d 1213, 1221 (9th Cir. 1996)
We review a district court's decision regarding the award of attorneys' fees under the Copyright Act for an abuse of discretion. See Mattel, 353 F.3d at 814. See Wall Data Inc. v. L.A. County Sheriff's Dep't (9th Cir. 2006) 447 F.3d 769, 787.
Wall Data Inc. v. L.A. County Sheriff's Dep't (9th Cir. 2006)
In this case, the district court cited the above-listed factors in its order granting Wall Data's motion for attorneys' fees. It found that Wall Data was the prevailing party, even though Wall Data's ultimate recovery was less than that which it originally sought. Contrary to the Sheriff's Department's argument, this was not an abuse of discretion. See Nimmer on Copyright § 14.10[B], at 14-176 to -177 ("The plaintiff will ordinarily be regarded as the prevailing party if he succeeds at trial in establishing the defendant's liability, even if the damages awarded are nominal or nothing.").
The court therefore concluded that attorneys' fees furthered the goal of copyright law. It found that the attorneys' rates were reasonable within the prevailing market, but reduced the total award based on the experience of the attorneys and the complexity of the issues. Reversal is not appropriate here because we lack a definite and firm conviction that the district court committed a clear error of judgment in the conclusion it reached upon a weighing of the relevant factors.
Wall Data v. Los Angeles Cty. Sheriff's Dept, 447 F.3d 769, 787 (9th Cir. 2006)
Contact Vondran Legal® IP Law
Since 2004, we have been one of the leading copyright litigation firms in the United States. For more information call us at (877) 276-5084.
