Intellectual Property: Plaintiff’s Copyright Infringement Suit Was Found Without Merit At Both District/Appellate Levels, Such That Denial Of Attorney’s Fees Under 17 U.S.C. § 505 Was An Abuse Of Discretion

Defendants Won Across The Board, Plaintiff Made Objectively Unreasonable Arguments, And Plaintiff Appeared To Bully A Public Teacher, Booster Club, And Parent Volunteer Defendants.

            In Tresona Multimedia, LLC v. Burbank High School Vocational Music Assn., No. 17-56006 et al. (9^th Cir. Mar. 24, 2020) (published), the Ninth Circuit affirmed a summary judgment in favor of defendants (a public school teacher, a not-for-profit booster club, and parent volunteers) in a copyright infringement case brought by plaintiff.  It did so based on the fair use doctrine establishing that no infringement occurred.  However, the federal court of appeals reversed the district judge’s denial of defendants’ request for attorney’s fees under 17 U.S.C. § 505 (the federal copyright fee-shifting statute).

            The reason for the fee denial reversal was grounded in the circumstances of record:  defendants prevailed across the board, defendants won on a fair use defense on appeal (different than the ground relied on by the district judge), many of plaintiff’s arguments were objectively unreasonable, and a fee award would further the purposes of the Copyright Act because it appeared plaintiffs were attempting to bully a public teacher, a booster club, and parent volunteers in meritless litigation.