Latin Am. Music Co. v. Am. Soc'y of Composers Authors & Publishers, 08-1498

Challenge to award of attorneys' fees for defendant in copyright infringement action

Latin Am. Music Co. v. Am. Soc'y of Composers Authors & Publishers, 08-1498, concerned a plaintiff's second motion for reconsideration of the district court's grant of defendant's motion for attorneys' fees incurred on appeal for successfully defending a favorable jury verdict in a copyright infringement action.


In denying the motion, the court held that defendant was a prevailing party for purposes of section 505.  Further, the court held that plaintiff's argument, that fees are barred because defendant failed to timely register the disputed song, was fatally underdeveloped and therefore waived.  The court rejected plaintiff's challenge to the reasonableness of the award in concluding that the argument was undermined, if not forfeited, by its own neglect as the objection was filed thirty-nine days late and the explanation for the late filing lacked the detail and support one would expect under the circumstances.  Lastly, the court denied defendant's motion for sanctions.

Related Link:

• Read the First Circuit's Full Decision in Latin Am. Music Co. v. Am. Soc'y of Composers Authors & Publishers, 08-1498