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Category Archives: 17 USC sec. 505

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Righthaven Loses Another Battle Over Attorney’s Fees

Posted in 17 USC sec. 505, Attorney's Fees, Copyright Infringement, Litigation

Written By Joseph DiCioccio Righthaven, LLC is having a bad week.  You’ll remember from our previous advisorythat Righthaven is a copyright holding company that, until recently, has filed hundreds of copyright infringement lawsuits.  The lawsuits generally allege copyright infringement against websites that have posted all or portions of newspaper articles and photographs Righthaven claimed it… Continue Reading

17 U.S.C. Sec. 505 Means What It Says: Attorney’s Fees Award to Prevailing Party Discretionary

Posted in 17 USC sec. 505, Attorney's Fees, Copyright Infringement, Damages, Litigation

Section 505 of the Copyright Act provides that, in a copyright infringement action, the court may “in its discretion” award costs to a prevailing party.  In addition, the provision provides that the court ”may” award a prevailing party its reasonable attorney’s fees as part of the award of costs.  Despite this language, many litigants have taken the position that… Continue Reading