Marshall & Swift/Boeckh, LLC v. Dewberry & Davis LLC

MEMORANDUM

Dewberry & Davis LLC (“Dewberry”) appeals the district court’s denial of attorney’s fees in its favor under § 505 of the Copyright Act. We affirm.

We review an order denying attorney’s fees under the Copyright Act for abuse of discretion. Halicki Films, LLC v. Sanderson Sales & Mktg., 547 F.3d 1213, 1220 (9th Cir.2008). Under this standard, we review factual findings for clear error, and legal conclusions de novo. Love v. Assoc. Newspapers, Ltd., 611 F.3d 601, 614 (9th Cir.2010) (citing Barrientos v. 1801-1825 Morton LLC, 583 F.3d 1197, 1207 (9th Cir.2009)).

The district court did not legally err by failing to accord Dewberry a strong presumption of entitlement to a fee award. The Copyright Act provides that the court “may” award a reasonable attorney’s fee to the prevailing party. 17 U.S.C. § 505 . “[Attorney’s fees are to be awarded to prevailing parties only as a matter of the court’s discretion.” Fogerty v. Fantasy, Inc., 510 U.S. 517, 534 , 114 S.Ct. 1023 , 127 L.Ed.2d 455 (1994). See also Fantasy, Inc. v. Fogerty, 94 F.3d 553, 555 (9th Cir.1996) (“[A]n award of attorney’s fees to a prevailing defendant that furthers the underlying purposes of the Copyright Act…