Cabral

Historical Research Center, Inc. (HRC) appeals the denial of attorneys fees in its copyright infringement case against Peter Cabral. Cabral cross-appeals, arguing HRC’s copyright is invalid.

I.

HRC owns the copyright in the text of the “O’Corrain database,” a database of surname histories. Each surname history consists of a few paragraphs explaining the origin, meaning and evolution of a name. Ms. O’Corrain, the original author, compiled the database from many sources, including reference dictionaries and other research materials. Approximately thirty to forty percent of the database’s sentences are verbatim quotes from reference sources; the rest are original.

Cabral purchased a copy of the O’Corrain database from a third party, who told Cabral that he did not have the right to copy it. Nevertheless, Cabral incorporated the O’Cor-rain database verbatim into his own database, and sold at least two copies.

HRC sued for damages and an injunction. After a bench trial, the district court found Cabral willfully infringed the O’Corrain database. The district court awarded HRC $4,000 in statutory damages and costs, but denied HRC’s request for attorneys fees under the Copyright Act.…