US Supreme Court clarifies attorney's fees standard under section 505 of the Copyright Act

被引：0

作者：

Macedo, Charles R. ^{[1
]}

O'Neill, Trevor M. ^{[1
]}

机构：

[1] Amster Rothstein & Ebenstein LLP, New York, NY 10016 USA

来源：

JOURNAL OF INTELLECTUAL PROPERTY LAW & PRACTICE | 2016年 / 11卷 / 10期

关键词：

D O I：

10.1093/jiplp/jpw125

中图分类号：

D9 [法律]; DF [法律];

学科分类号：

0301 ;

摘要：

On 16 June 2016, the US Supreme Court delivered an opinion addressing the appropriate standard for the attorney fee shifting provision of the Copyright Act, 17 USC A 505. Writing for a unanimous court, Justice Kagan agreed with the 'objective reasonableness' standard employed by the District Court in denying award of attorney's fees, but remanded the decision for further consideration after stressing that the reasonableness inquiry is only one part of the A 505 analysis and is not controlling. Courts should instead examine all relevant factors when considering whether to award attorney's fees.

引用

页码：737 / 738

页数：2

共 41 条

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