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Expert Analysis

A Look At Atty Fee Awards In Post-Kirtsaeng Copyright Cases

Law360, New York (November 9, 2016, 11:42 AM EST) -- Earlier this year, in Kirtsaeng v. John Wiley & Sons Inc., the U.S. Supreme Court clarified the circumstances under which it is appropriate for a court to award a reasonable attorneys' fee to a prevailing party in a copyright infringement case under 17 U.S.C. § 505.[1] Prior to Kirtsaeng, the various circuits had developed divergent approaches, resulting in the risk of forum shopping. In the several months since the Supreme Court's decision, several courts have weighed in and copyright litigants now have a clearer sense of the key factors that control whether fees will be awarded....

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