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Keywords

plaintiffdefendantattorneycopyrightleasebad faith
plaintiffdefendantattorneycopyrightlease

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Fogerty v. Fantasy, Inc., 510 U.S. 517, 114 S.Ct. 1023, 127 L.Ed.2d 455, 62 USLW 4153, 1994 Copr.L.Dec. P 27,221, 29 U.S.P.Q.2d 1881

Facts

John Fogerty, a successful musician and former lead singer of Creedence Clearwater Revival, wrote a song titled 'Run Through the Jungle' and sold its publishing rights to Fantasy, Inc. In 1985, he released another song, 'The Old Man Down the Road,' which Fantasy claimed infringed on the copyright of his earlier work. After a jury ruled in favor of Fogerty, he sought attorney's fees under 17 U.S.C. § 505, but the District Court denied his request based on the Ninth Circuit's dual standard for awarding fees, which required defendants to show that the original suit was frivolous or brought in bad faith.

John Fogerty, a successful musician and former lead singer of Creedence Clearwater Revival, wrote a song titled 'Run Through the Jungle' and sold its publishing rights to Fantasy, Inc. In 1985, he released another song, 'The Old Man Down the Road,' which Fantasy claimed infringed on the copyright of his earlier work.

Issue

What standards should inform a court's decision to award attorney's fees to a prevailing defendant in a copyright infringement action under 17 U.S.C. § 505?

What standards should inform a court's decision to award attorney's fees to a prevailing defendant in a copyright infringement action under 17 U.S.C. § 505?

Rule

Under 17 U.S.C. § 505, the court may award a reasonable attorney's fee to the prevailing party as part of the costs, and this should apply equally to both prevailing plaintiffs and defendants.

Under 17 U.S.C. § 505, the court may award a reasonable attorney's fee to the prevailing party as part of the costs.

Analysis

The Supreme Court analyzed the language of § 505 and found no indication that it intended to treat prevailing plaintiffs differently from prevailing defendants. The Court rejected the dual standard previously applied by the Ninth Circuit, emphasizing that the discretion to award fees should be exercised equitably, without imposing a higher burden on defendants. The Court noted that the goals of the Copyright Act include encouraging both the assertion of meritorious infringement claims and the defense of valid copyright claims.

The Supreme Court analyzed the language of § 505 and found no indication that it intended to treat prevailing plaintiffs differently from prevailing defendants.

Conclusion

The Supreme Court reversed the lower court's decision and remanded the case, establishing that prevailing parties in copyright cases should be treated equally regarding the awarding of attorney's fees.

The Supreme Court reversed the lower court's decision and remanded the case.

Who won?

John Fogerty prevailed in the case because the Supreme Court ruled that the lower court had applied an incorrect standard for awarding attorney's fees, which treated defendants more harshly than plaintiffs.

John Fogerty prevailed in the case because the Supreme Court ruled that the lower court had applied an incorrect standard for awarding attorney's fees.

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