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High Court's View of 'Full Costs' in Copyright Litigation

By Scott Graham

The copyright statute provision that permits an award of “full costs” to a prevailing party does not include litigation-related expenses such as expert witness fees, jury consulting fees and e-discovery. A unanimous U.S. Supreme Court, led by Justice Brett Kavanaugh, held that the phrase “full costs” in §505 of the Copyright Act means all of the costs specifically enumerated in the general cost-shifting statutes, 28 U.S.C. §§1821 and 1920, such as transcripts and fees for court-appointed experts and interpreters.

“A 'full moon' means the moon, not Mars,” Justice Kavanaugh wrote in Rimini Street Inc. v. Oracle USA Inc., 17-1625 (March 4, 2019). “A 'full breakfast' means breakfast, not lunch. A 'full season ticket plan' means tickets, not hot dogs. So too, the term 'full costs' means costs, not other expenses.”

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