Defending Against an Award of Attorney Fees

Proving defendants' access to copyrighted work is critical.

, New York Law Journal


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.

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