Dionne Choyce v. Sf Bay Area Indep. Media Ctr.

MEMORANDUM

In this copyright infringement action, Dionne Choyce (“Choyce”) appeals the attorneys’ fee award to Layer 42.net, Inc. and SF Bay Area Independent Media Center (collectively, “Appellees”). Choyce contends the court abused its discretion by awarding fees under 17 U.S.C. § 605 and that the amount of the award was also unreasonable. We affirm.

There was no abuse of discretion in determining that Appellees were entitled to an attorney fee award pursuant to 17 U.S.C. § 505 . The district court carefully considered the relevant factors under Fogerty v. Fantasy, Inc., 510 U.S. 517 , 534 n.19, 114 S.Ct. 1023 , 127 L.Ed.2d 455 (1994), and articulated numerous valid reasons for exercising its discretion to award fees, including the success obtained, the frivolousness of Choyce’s claim, and the considerations of deterring future baseless claims and compensation for having to defend against them. See Inhale, Inc. v. Starbuzz Tobacco, Inc., 755 F.3d 1038, 1043 (9th Cir. 2014). The district court gave “substantial weight” to the objective reasonableness of Choyce’s position but did not rely exclusively on it, and thus the Supreme Court’s recent decision in Kirtsaeng v. John Wiley &…