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Attorney Fees Update

By ALM Staff | Law Journal Newsletters |

Copyright Infringement; Sec. 505

The U.S. District Court for the Eastern District of Pennsylvania granted a defense motion under Sec. 505 of the Copyright Act for attorney fees and costs incurred in successfully defending against a song infringement claim. Lowe v. Loud Records, 01-1797. The district court previously decided that plaintiff Michael Lowe had granted the defendants, which included hip-hop producer Dr. Dre, an implied license to use Lowe's “West Coast Beat” in the song “X” by Xihibit. The court then dismissed Lowe's state negligence claim for lack of supplemental jurisdiction. Dr. Dre moved for a Sec. 505 award of $64,992.50 in attorney fees and $8,569.94 in costs, noting that he had been responsible for the defense of nine California defendants.

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