2nd Circ. Urged To Undo Fee Denial In Instagram Picture Fight

By Tiffany Hu (August 16, 2021, 9:49 PM EDT) -- The Second Circuit was urged on Monday to overturn a New York federal judge's refusal to award attorney fees to a sports publication that beat a copyright infringement lawsuit over an Instagram image of former professional tennis player Caroline Wozniacki.

In a 23-page brief, United Sports Publications Ltd. said that U.S. District Judge Allyne R. Ross applied the wrong standard for determining whether photographer Michael Barrett Boesen's litigation claim was objectively reasonable and warranted attorney fees. Boesen had accused United of infringing his copyrighted image when it embedded an Instagram post from Wozniacki that featured the photo, but the judge in...

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