Bit Parts

The U.S. District Court for the Southern District of California granted Victor Willis's request for $527,236 in attorney fees after Willis, an original member of the Village People, won his bid to recapture the copyrights in portions of songs he wrote. Following a trial earlier in 2015, Willis was awarded a 50% recapture right for writing the lyrics to 13 songs and 33% as a co-lyricist on another 11 songs. Scorpio Music (Black Scorpio) S.A. v. Willis, 11cv1557. The requested fees were for 1,311.7 billed hours, including paralegal work at $150 per hour and $500 to $550 per hour for Willis's co-lead-counsel Brian D. Caplan. In granting the attorney fees, Chief District Judge Barry Moskowitz noted: “First, Willis defeated Plaintiffs' claim that he could not unilaterally terminate his grants of copyright under 17 U.S.C. '203. Next, Willis prevailed on a series of summary judgment motions brought on the grounds of statute of limitations and laches. Finally, at trial, Willis prevailed on 13 of the 24 musical compositions, including [the Village People hit] 'YMCA,' which appears to be the most lucrative of the songs in dispute. Willis also won on Counter-Defendants' affirmative defenses of statute of limitations and estoppel.” Chief Judge Moskowitz added: “Willis is an author who incurred significant attorney's fees in trying to get back what he transferred to Plaintiffs, parties with superior bargaining power, decades ago. An award of attorney's fees is justified to encourage authors like Willis to assert their rights to regain their copyright interests and to deter production companies and other transferees of copyright from attempting to interfere with those rights.”

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