Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Bit Parts

By Stan Soocher
June 29, 2006

Copyright Infringement/Attorney Fees

The U.S. District Court for the Middle District of Florida, Tampa Division, granted a motion by film studios for attorney fees in a suit against an unauthorized downloader, but denied the fee amount requested. Twentieth Century Fox Film Corp. v. Childs, 8:05-cv-1656-T-23EAJ. The studios sued the defendant for copyright infringement. The district court granted a default judgment in favor of the studios that included an order stating: '[Defendant] is enjoined from directly or indirectly infringing the plaintiffs' rights under federal and state law in the motion pictures 'Spider-Man 2' and 'Alien vs. Predator' and in any copyrighted motion picture owned or controlled by the plaintiffs, whether now in existence or later created, including by using the Internet or any online media distribution system to reproduce, distribute, or make available to the public any motion picture owned and controlled by the plaintiffs, unless [defendant] is acting pursuant to lawful license or with the express authority of the plaintiffs.' But denying the $7,803 in attorney fees the studios requested, the district court noted: '[T]he plaintiffs' motion fails to demonstrate the reasonableness of the hourly rate charged. ' [T]he plaintiffs submit only the declaration ' of their attorney, Alexandra N. DeNeve, that states 'upon information and belief, the rates requested are commensurate with those generally charged for similar work in this district.' The unilateral declaration of the attorney performing the work fails to adequately demonstrate that the requested rate prevails in the applicable market.'


Executive Compensation/Severance Pay

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
New York's Latest Cybersecurity Commitment Image

On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.

The Bankruptcy Hotline Image

Recent cases of importance to your practice.

The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

How AI Has Affected PR Image

When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.