Intellectual Property Forum
Intellectual Property Forum Welcome, Guest. Please login or register.  
News:
Due to spam with have restricted the number of posts of our members.
We will be doing a complete update to the website shortly, including new hardware and software.
We are sorry for the inconvenience.

 
   Main Forum Page   Help Search Login Register  
Pages: [1]
  Print  
Author Topic: attorney`s fees  (Read 477 times)
joselopez
Newbie
*
Posts: 4

« on: 08-15-10 at 11:03 am »

If i get sued over copyright infringement and i win, do the have to pay my attorney`s fees or that is my resposibility?

Thanks.
Logged
Kaitlin
Senior Member
****
Posts: 693


View Profile
« Reply #1 on: 08-15-10 at 02:51 pm »

It depends.  If you're in the US, the Copyright Act provides for the possibility of an award of attorneys' fees to the prevailing party, but it is at the discretion of the judge.  (Generally speaking in the US, in the absence of a contractual agreement re this, each side pays his/her own unless the plaintiff was really outrageously off-base in bringing the suit to begin with.)

You might find it helpful to review Nolo's comments on the US rule re attorneys' fees.  And then take a look at sec. 505 of the Copyright Act.

Meanwhile, perhaps someone with a practice in Copyright could say how often (and when) courts will typically do this?





« Last Edit: 08-16-10 at 06:44 am by Kaitlin » Logged

This post is an off-the-cuff musing and should not be misconstrued as legal advice. THERE IS NO ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. Proper legal advice requires full disclosure of facts-not appropriate to a public forum-and attorney research time and effort which has not been expended here.
joselopez
Newbie
*
Posts: 4

« Reply #2 on: 08-17-10 at 01:36 pm »

Thanks for your guidance.

Joselopez
Logged
Pages: [1]
  Print  
 
Jump to:  

Powered by SMF 1.1.4 | SMF © 2006-2007, Simple Machines LLC
Page created in 0.463 seconds with 18 queries.