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Seventh Circuit Raises the Stakes for Plaintiffs in Copyright Infringement Actions.

Publication: Mondaq Business Briefing
Publication Date: 16-MAY-05 		Format: Online
Delivery: Immediate Online Access

Article Excerpt
Copyright owners considering filing suit against potential copyright infringers must weigh a risk not present in most other lawsuits: the possibility of paying the defendant's attorney fees if the copyright owner loses. In a string of decisions over the last several years -- including one issued this past January -- the Seventh Circuit Court of Appeals has made it clear that prevailing defendants in copyright infringement cases may be presumptively entitled to recover their reasonable attorney fees from the unsuccessful plaintiff.

Awarding attorney fees to prevailing defendants is an exception to the general "American Rule," under which each party to a lawsuit typically cannot recover...



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