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Author Topic: attorney`s fees  (Read 491 times)

joselopez

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attorney`s fees
« on: 08-15-10 at 10:03 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.
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Kaitlin

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Re: attorney`s fees
« Reply #1 on: 08-15-10 at 01:51 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 05:44 am by Kaitlin »
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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

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Re: attorney`s fees
« Reply #2 on: 08-17-10 at 12:36 pm »

Thanks for your guidance.

Joselopez
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