Heitner Legal
A major consideration in copyright infringement cases is whether attorneys’ fees will be awarded at the end of a proceeding. It is a point of leverage that can be used by both the plaintiff and defendants as they seek to negotiate a pre-trial resolution. Ultimately, if the case goes to trial and a verdict, then […]
We have recently gone over the test for attorney’s fees in copyright infringement cases. As a refresher, under 17 U.S. Code § 505 the prevailing party in a copyright infringement case may be entitled to an award of its reasonable attorney’s fees, and the court will look at relevant factors such as: (1) whether the claim was frivolous; (2) the party’s motivation; […]
Under 17 U.S. Code § 505 the prevailing party in a copyright infringement case may be entitled to an award of its reasonable attorney’s fees. It is not an absolute right but, instead, the court must make a case-by-case assessment and look at various relevant factors such as: (1) whether the claim was frivolous; (2) the party’s motivation; (3) […]