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Bit Parts

By Stan Soocher
June 29, 2006

Copyright Infringement/Attorney Fees

The U.S. District Court for the Middle District of Florida, Tampa Division, granted a motion by film studios for attorney fees in a suit against an unauthorized downloader, but denied the fee amount requested. Twentieth Century Fox Film Corp. v. Childs, 8:05-cv-1656-T-23EAJ. The studios sued the defendant for copyright infringement. The district court granted a default judgment in favor of the studios that included an order stating: '[Defendant] is enjoined from directly or indirectly infringing the plaintiffs' rights under federal and state law in the motion pictures 'Spider-Man 2' and 'Alien vs. Predator' and in any copyrighted motion picture owned or controlled by the plaintiffs, whether now in existence or later created, including by using the Internet or any online media distribution system to reproduce, distribute, or make available to the public any motion picture owned and controlled by the plaintiffs, unless [defendant] is acting pursuant to lawful license or with the express authority of the plaintiffs.' But denying the $7,803 in attorney fees the studios requested, the district court noted: '[T]he plaintiffs' motion fails to demonstrate the reasonableness of the hourly rate charged. ' [T]he plaintiffs submit only the declaration ' of their attorney, Alexandra N. DeNeve, that states 'upon information and belief, the rates requested are commensurate with those generally charged for similar work in this district.' The unilateral declaration of the attorney performing the work fails to adequately demonstrate that the requested rate prevails in the applicable market.'


Executive Compensation/Severance Pay

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