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Sup. Ct. To Clarify <i>Fogerty</i> Copyright Attorney Fees Factors
For the second time in three years, the U.S. Supreme Court is poised to consider important questions under the Copyright Act at the behest of Supap Kirtsaeng, a tenacious Thai math professor. In 2013, the Supreme Court in Kirtsaeng v. John Wiley & Sons Inc., 133 S. Ct. 1351, handed Kirtsaeng an important victory in a litigation brought against him by a major publisher, holding that a copyrighted work published and purchased abroad may be resold in the United States without the permission of the copyright holder. Now, the court has granted review in Kirtsaeng's appeal from a decision denying him an award of attorney fees in the same case.
Kirtsaeng's second trip to the Supreme Court is likely to add some clarity to the vague standards federal courts use in awarding fees to prevailing parties in copyright cases.
Kirtsaeng came to the United States in 1997 to study math at Cornell University on a Thai government scholarship. To help finance his education, he took advantage of the fact that foreign edition English-language textbooks often sell abroad at substantial discounts. At his request, family members bought textbooks in Thailand and shipped them here, where Kirtsaeng resold them at a profit.
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