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Sup. Ct. To Clarify <i>Fogerty</i> Copyright Attorney Fees Factors

By Lewis R. Clayton

For the second time in three years, the U.S. Supreme Court is poised to consider important questions under the Copyright Act at the behest of Supap Kirtsaeng, a tenacious Thai math professor. In 2013, the Supreme Court in Kirtsaeng v. John Wiley & Sons Inc., 133 S. Ct. 1351, handed Kirtsaeng an important victory in a litigation brought against him by a major publisher, holding that a copyrighted work published and purchased abroad may be resold in the United States without the permission of the copyright holder. Now, the court has granted review in Kirtsaeng's appeal from a decision denying him an award of attorney fees in the same case.

Kirtsaeng's second trip to the Supreme Court is likely to add some clarity to the vague standards federal courts use in awarding fees to prevailing parties in copyright cases.

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