Fee Denial Vacated And Remanded To Consider Whether It Qualifies Under Discretionary Copyright Fee-Shifting Statute Guidelines.
The Ninth Circuit, in Doc’s Dream, LLC v. Dolores Press, Inc., No. 18-56073 (9th Cir. May 13, 2020) (published), reversed a district judge’s determination in denying a copyright fees request under 17 U.S.C. §505 as a matter of law. In a case of first impression, it determined that section 505 fees potentially were recoverable where copyright litigants won a declaratory relief victory on copyright abandonment. The Ninth Circuit vacated the fee denial and remanded so that the district judge could then weigh the discretionary factors to determine if a fee award was justified under section 505.
BLOG CONGRATS—We noticed our friend Ben Shatz of Manatt Phelps was winning lead counsel for the appealing parties. Congrats, Ben!