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Copyrights Entertainment and Sports Law Litigation Regulation

High Court’s View of ‘Full Costs’ in Copyright Litigation

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, such as transcripts and fees for court-appointed experts and interpreters.

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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.

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