Copyright Law

9th Circuit holds that if dismissal is "without prejudice" defendant is not prevailing party, in Interscope Records v. Leadbetter

By Ty Rogers and Ray Beckerman

In Interscope Records v. Leadbetter, the Ninth Circuit has affirmed the denial of attorneys fees to Ms. Leadbetter on the ground that, under 9th Circuit precedent, she is not a "prevailing party" because the dismissal was "without prejudice".

The decision is a "Not for Publication" decision, which means that it is not intended by the Court to be available as a precedent.

February 10, 2009, Decision Affirming Order Denying Attorneys Fees

Thanks to Copyrights & Campaigns for posting the 9th Circuit's link.

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Full post as published by Recording Industry vs The People on February 11, 2009 (boomark / email).