Intellectual Property Law

New Matter WINTER 2020, Volume 45, Number 4

Copyright News

Jonathan Ballard

One LLP

THE NINTH CIRCUIT APPLIES THE COPYRIGHT ACT’S FEE-SHIFTING PROVISION TO DECLARATORY ACTIONS

The U.S. Court of Appeals for the Ninth Circuit has ruled that requests for declaratory judgments in copyright cases can give rise to attorneys’ fees awards under Section 505 of the Copyright Act. In so ruling, the Ninth Circuit has raised the stakes for copyright litigants contemplating requests for declaratory judgment, as they may be held liable for attorneys’ fees should their requests prove unsuccessful.

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