Abstract

http://ssrn.com/abstract=11507
 


 



Forum on Attorney's Fees in Copyright Infringement Cases: Are We Running Through the Jungle or is the Old Man Still Stuck Down the Road?


David Nimmer


Irell & Manella LLP

Paul Marcus


William & Mary Law School


William & Mary Law Review, Vol. 39, No. 1 (1997).

Abstract:     
TO SUBSCRIBE TO THE WILLIAM & MARY LAW REVIEW: Contact the Managing Editor, the William & Mary Law Review, William and Mary School of Law, P.O. Box 8795, Williamsburg, VA 23187-8795. This Forum on Attorney's Fees analyzes the Supreme Court's recent *Fogerty v. Fantasy* decision, to determine whether it indeed has had the impact that it set for itself of altering the way fees are awarded in copyright infringement cases. Taking their cues from the two John Fogerty songs at issue there, the panelists argue the pro and con. David Nimmer claims that the Old Man Is Stuck Down the Road. Although *Fogerty* claimed that it was making the playing field more even for the award of fees, any impact that it has had is a fantasy; instead, the traditional norms of fault-based awards are simply continuing on their merry way. Paul Marcus disagrees. Maintaining that we are now Running Through the Jungle, he claims that *Fogerty* has fundamentally altered the landscape for the award of fees in infringement suits -- witness the $1 million award to Fogerty himself, dwarfing any previous attorney fee award in the copyright arena. The forum is moderated by Eaton S. Drone, late author of a 19th Century classic on copyright law, who has contributed his insights by e-mail from the great beyond.

Accepted Paper Series





Not Available For Download

Date posted: September 15, 1997  

Suggested Citation

Nimmer, David and Marcus, Paul, Forum on Attorney's Fees in Copyright Infringement Cases: Are We Running Through the Jungle or is the Old Man Still Stuck Down the Road?. William & Mary Law Review, Vol. 39, No. 1 (1997).. Available at SSRN: http://ssrn.com/abstract=11507

Contact Information

David Nimmer (Contact Author)
Irell & Manella LLP ( email )
1800 Avenue of the Stars, Suite 900
Los Angeles, CA 90067
United States
310-277-1010 or (310) 203-7079 (Phone)
Paul Marcus
William & Mary Law School ( email )
South Henry Street
P.O. Box 8795
Williamsburg, VA 23187-8795
United States
757-221-3900 (Phone)
757-221-3261 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 1,759

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.312 seconds