Can a court award an attorney's fee to the prevailing party in a copyright action?

MultiRegion, United States of America

The following excerpt is from L.A. Printex Indus., Inc. v. Pretty Girl of Cal., Inc., 12-4430 (2nd Cir. 2013):

Section 505 of the Copyright Act provides that a district court may "in its discretion ... award a reasonable attorney's fee to the prevailing party" in a copyright action. 17 U.S.C. 505. "When determining whether to award attorneys fees, district courts may consider such factors as (1) the frivolousness of the non-prevailing party's claims or defenses; (2) the party's motivation; (3) whether the claims or defenses were objectively unreasonable; and (4) compensation and deterrence." Bryant v. Media Right Productions, Inc., 603 F.3d 135, 144 (2d Cir. 2010). Here, the district court considered these factors, and determined that the defendants "asserted non-frivolous,

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