Doc's Dream, LLC v. Dolores Press, Inc., No. 18-56073 (9th Cir. 2020)
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The Ninth Circuit vacated the district court's order denying Dolores' motion for recovery of attorney's fees under the Copyright Act. The district court had granted summary judgment for Dolores on Doc's Dream's complaint seeking a declaration that the late religious leader Dr. Eugene Scott completely abandoned his works to the public domain. The district court then denied Dolores' motion for attorney fees under 17 U.S.C. 505.
The panel held that, even when asserted as a claim for declaratory relief, any action that turns on the existence of a valid copyright and whether that copyright has been infringed invokes the Copyright Act. Therefore, attorney's fees may be available under section 505 of the Copyright Act.
Court Description: Copyright / Attorney’s Fees. The panel vacated the district court’s order denying defendant’s motion for recovery of attorney’s fees under the Copyright Act and remanded. The district court granted summary judgment in favor of defendant on a complaint seeking a declaration that the works at issue were abandoned to the public domain. The district court denied defendant’s motion for attorney’s fees, holding that fees were not available under 17 U.S.C. § 505 because the determination of copyright abandonment did not require construction of the Copyright Act. Vacating the district court’s order, the panel held that, even when asserted as a claim for declaratory relief, any action that turns on the existence of a valid copyright and whether that copyright has been infringed invokes the Copyright Act, thus giving the district court discretion to award reasonable attorney’s fees pursuant to § 505. ** The Honorable Edward R. Korman, United States District Judge for the Eastern District of New York, sitting by designation. DOC’S DREAM V. DOLORES PRESS 3
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