Will a court award attorney’s fees in a copyright case?

gavelCC0Attorney’s fees and court costs can be awarded to the prevailing party, either plaintiff or defendant, in a copyright case, at the court’s discretion. However, attorney’s fees are only available to the plaintiff if they registered their copyright before the infringement took place or within the three month grace period after first publication.

Attorney’s fees can be substantial, and they are awarded more commonly in copyright cases than in most other types of lawsuits. Factors that courts consider in determining whether to award attorney’s fees include the strength of the losing party’s arguments and their motivation in litigating the case, and the need to deter abusive action and not deter legitimate action in the future. [1]

  1. 17 U.S.C. § 505.

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