Copyright Law

Bridgeport Music case confirms attorneys fee award to defendant where no 'Fogerty Factors' shown

By Ty Rogers and Ray Beckerman

In Bridgeport Music v. WB Music, the Sixth Circuit has pointed out that the "Fogerty factors" were never intended by the Supreme Court to be exclusive, and that the key to "Fogerty" was evenhandedness.

The Court held that even where none of those factors are present, the Court should routinely award attorneys fees to a prevailing defendant.

In Bridgeport the Court sustained an award of attorneys fees to the defendant even though specifically finding that the plaintiff's claim was "objectively reasonable".

Copy of decision

Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property

Full post as published by Recording Industry vs The People on March 30, 2008 (boomark / email).