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ARTICLE · 09 JUNE 2020

Prayer For Declaratory Relief Invokes Copyright Act And Available Attorneys' Fees

Vacating the district court's order denying a defendant's recovery of attorneys' fees under the Copyright Act, the US Court of Appeals for the Ninth Circuit held that...

United StatesIntellectual Property

p>Vacating the district court's order denying a defendant's recovery of attorneys' fees under the Copyright Act, the US Court of Appeals for the Ninth Circuit held that, even when asserted as a claim for declaratory relief, any action that turns on the existence and potential infringement of a valid copyright invokes the Copyright Act and therefore gives the district court discretion to award reasonable attorneys' fees pursuant to § 505 of the Copyright Act. Doc's Dream, LLC v. Dolores Press, Inc. and Melissa Scott, Case No. 18-56073 (9th Cir. May 6, 2020) (Callahan, J.).

In a long-running and multi-action dispute between Doc's Dream and Dolores Press over the ownership rights and usage of video-recorded sermons created by the late religious leader Dr. Eugene Scott, the Ninth Circuit affirmed a district court grant of summary judgment in favor of Dolores in response to Doc's Dream's petition for a declaratory judgment on grounds that Dr. Scott abandoned his

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