Velasquez

Velasquez v. 2048 Partners LLC

Good Law
United States District Court, Northern District of CaliforniaJune 5, 20203:18-cv-06184California750 words

Opinion

trial_court Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JOSE MEZA VELASQUEZ, Case No. 18-cv-06184-JD

8 Plaintiff,

ORDER RE FEES AND COSTS

v. 9 Re: Dkt. No. 77 10 2048 PARTNERS, LLC, et al., Defendants. 11

12 Defendants seek attorney’s fees and costs under the Copyright Act after the Court 13 dismissed plaintiff’s claim alleging a violation of the Visual Artists Rights Act, 17 U.S.C. § 106A 14 (“VARA”). Dkt. No. 77. The parties’ familiarity with the record is assumed. The request is 15 denied. 16 VARA is a section of the Copyright Act, and so the Court “in its discretion may allow the 17 recovery of full costs by or against any party.” 17 U.S.C. § 505. “Full costs” include “a 18 reasonable attorney’s fee to the prevailing party.” Id. 19 In exercising its discretion, the Court may consider a non-exclusive list of factors such as 20 “frivolousness, motivation, objective unreasonableness (both in the factual and in the legal 21 components of the case) and the need in particular circumstances to advance considerations of 22 compensation and…

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