David Leichtman, a partner at Robins, Kaplan, Miller & Ciresi, considers the effect that strong proof of access to a copyrighted work has on a court's determination of whether to award attorney fees to a successful defendant who prevails on the merits notwithstanding the strong proof of access. Absent a rule to this effect, copyright owners, and in particular impecunious ones, have little incentive to vindicate their rights, and may even be deterred from seeking to bring meritorious claims.
Defending Against an Award of Attorney Fees
New York Law Journal
May 7, 2012
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