Victoria Ryan v. Editions Limited West, Inc.

. After many years of litigation and several appeals, to the Ninth Circuit, artist Victoria Ryan prevailed on a contributory copyright infringement claim against a publisher of her artwork, Editions Limited West, Inc. (“ELW”). The district court awarded Ryan attorney fees pursuant to a fee-shifting provision contained in the parties’ publishing contract (the “Agreement”). Both parties appeal.

The primary appeal, initiated by ELW, presents us with an issue of first impression: Does the Copyright Act of 1976 preclude enforcement of a contractual attorney fees provision in copyright-based litigation? On cross appeal, we are asked whether the district court abused its discretion in calculating the amount of fees to be awarded, excluding the issue of damages from trial, or denying Ryan’s motion for sanctions and motion for leave to amend her complaint.

We have jurisdiction under 28 U.S.C. § 1291 . We conclude the Copyright Act does not bar an award of attorney fees under the circumstances but hold that the district court abused its discretion by categorically excluding the majority of Ryan’s requested fees without adequate explanation. ■ Therefore, we vacate the district…