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Attorney Fees Ruling
Copyright Infringement
The U.S. District Court for the Southern District of New York awarded attorney fees and costs under Sec. 505 of the Copyright Act to movie-studio and film-distribution defendants against a pro se plaintiff. Chivalry Film Productions v. NBC Universal Inc., 05 Civ. 5627(GEL).
Joseph Ardito alleged that the movies 'Meet the Parents' and 'Meet the Fockers' infringed a novel and screenplay he wrote. The district court granted summary judgment to the defendants, finding in part that 'the works at issue could not be more different in 'total concept and feel.”
The district court explained that, 'although the plaintiff in this case did not engage in a 'campaign of vexatious litigation,' ' the need for deterrence against objectively unreasonable copyright claims is significant.' The court further found that Ardito's pro se status didn't justify denying the Sec. 505 award, adding: 'Several courts in this [Second] Circuit have awarded attorneys' fees pursuant to 17 U.S.C. Sec. 505 against a pro se plaintiff where, as here, the defendant prevails and the plaintiff's copyright claim was objectively unreasonable, without taking into account the financial disparities between the parties.' But the court acknowledged that it would 'take this factor into account, among other factors, when determining the appropriate amount of fees and costs to be assessed against plaintiff, if plaintiff makes a showing of a lack of financial resources.'
Copyright Infringement
The U.S. District Court for the Southern District of
Joseph Ardito alleged that the movies 'Meet the Parents' and 'Meet the Fockers' infringed a novel and screenplay he wrote. The district court granted summary judgment to the defendants, finding in part that 'the works at issue could not be more different in 'total concept and feel.”
The district court explained that, 'although the plaintiff in this case did not engage in a 'campaign of vexatious litigation,' ' the need for deterrence against objectively unreasonable copyright claims is significant.' The court further found that Ardito's pro se status didn't justify denying the Sec. 505 award, adding: 'Several courts in this [Second] Circuit have awarded attorneys' fees pursuant to 17 U.S.C. Sec. 505 against a pro se plaintiff where, as here, the defendant prevails and the plaintiff's copyright claim was objectively unreasonable, without taking into account the financial disparities between the parties.' But the court acknowledged that it would 'take this factor into account, among other factors, when determining the appropriate amount of fees and costs to be assessed against plaintiff, if plaintiff makes a showing of a lack of financial resources.'
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