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OCR: copyright action for declaratory relief. they would have been entitled to fees as matter course without show ing any bad faith frivolity r other respects, the substantive claim asserted the respective parties would have been exactly the same, but fees PInoM he recoverable merely on the basis of race the court- house Any policy easily circumvented is obvi iousiy flawed There no reason why the prevailing authors and owners in this case should be denied legal fees simply because they are labeled "defendants" when other "authors pue owners who prevait Tecover fees merely because they are labeled Application of anything other than an evenhanded approach in cases likc this results in tactical windfall to plaintiffs such a5 Fantasy TF i impossible for a defendant who has written both the alleged ...