Labels:book | bulletin board | reckoner | sky OCR: 10 IX. SUMMARY OF THE ARGUMENT The dual standard for awarding attormey's fees under Section 505 of the Copyright Act pagdape by the Ninth Circuit provid es that prevailing plaintiffs should be awarded their fees as matter course but that prevail- ing defendants must demonstrate tha action war frivolous brought bad faith order recover attorney' fees This dual standard is you consistent with the constitutional mandate underlying the Copyright Act found n Article Section ause of he United States Constitution. There no rational policy justification for distin- guishing between prevailing plaintiffs and defendants copyright actions An action ir which defendant pre vails may promote the progress science and the useful arts effectively as ut action in which plaintiff pre- vails Here successfully ...
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