Intellectual Property Law

New Matter SUMMER 2016, Volume 41, Number 2

Ninth Circuit Report

ANNE-MARIE DAO

Mintz Levin

ATTORNEY’S FEES TO A PREVAILING PARTY AREN’T GUARANTEED: COPYRIGHT INFRINGEMENT, ATTORNEY’S FEES, AND A CIRCUIT SPLIT

"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." 17 U.S.C. § 505 (Remedies for Infringement: Costs and attorneys’ fees)

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