QUESTION

Can I recover damages/legal fees from the plaintiff in a music copyright case where I was granted declaratory judgment (case dismissed)?

Asked on Mar 12th, 2012 on Entertainment Law - Ohio
More details to this question:
Plaintiff sued frivolously, claiming he was co-author of my songs. Plaintiff offered no evidence as there was none. He didn''t write any music and nobody thought he did, this was supported by the countless affidavits from band members, friends, record label, producers and studio engineers etc.. After 2 years and a massive amount of legal fees, I won summary judgment and the case was dismissed. The court declared me the sole author and owner of all the songs in dispute. It is clear their side was depending on me to settle out of court and I understand this is fairly common, especially in music industry/ copyright cases. Isn''t this a perfect example of "Wrongful Use of Civil Proceedings"? this site talks briefly about awarding attorney fees in copyright cases- http://www.cyberlawcentral.com/2010/04/12/awarding-of-attorneys-fees-for-copyright-cases-not-automatic/ Case was filed in Ohio. Any help is GREATLY appreciated.
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1 ANSWER

Did you ask for attorney's fees as part of your Answer or Counterclaim? If so, did the Judge rule on that request? Attorney's fees are not automatically awarded in copyright cases, but they can be awarded to a prevailing party. Also, you are entitled in any federal case to your costs but you have to submit them to the Court.
Answered on May 05th, 2012 at 8:20 PM

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