## Facts

- John Fogerty wrote “Run Through the Jungle” in 1970; Fantasy, Inc. later obtained the song’s publishing rights.
- Fogerty released “The Old Man Down the Road” as a solo artist in 1985.
- Fantasy sued Fogerty for copyright infringement, alleging the later song was essentially the earlier work with different lyrics.
- A jury returned a verdict for Fogerty, rejecting the infringement claim.
- Fogerty sought attorney’s fees under 17 U.S.C. § 505 as a prevailing party.
- The district court denied fees, and the Ninth Circuit affirmed under a “dual standard” that generally favored prevailing plaintiffs while requiring prevailing defendants to show the suit was frivolous or brought in bad faith.

## Issues

1. Whether 17 U.S.C. § 505 permits different standards for awarding attorney’s fees to prevailing plaintiffs versus prevailing defendants in copyright actions.
2. Whether a presumption or near-automatic award of fees to prevailing copyright plaintiffs is consistent with § 505’s discretionary text.

## Decision

- The Supreme Court vacated and remanded.
- The Court held that prevailing plaintiffs and prevailing defendants must be treated alike under § 505.
- The Court rejected the Ninth Circuit’s “dual standard” that imposed a heavier burden on prevailing defendants.
- The Court confirmed that attorney’s fees under § 505 are discretionary, not automatic for prevailing plaintiffs.
- The Court indicated that district courts may consider factors including frivolousness, motivation, objective unreasonableness, and the need for compensation and deterrence, without adopting a rigid formula.

## Legal Principles

- Section 505 authorizes courts to award reasonable attorney’s fees to “the prevailing party” in their discretion, without distinguishing between plaintiffs and defendants.
- Courts must apply an evenhanded approach to fee awards in copyright cases; prevailing defendants are not subject to a categorical requirement to prove frivolousness or bad faith.
- A discretionary, case-by-case assessment may consider nonexclusive factors such as frivolousness, improper motivation, objective unreasonableness, and compensation and deterrence.
- The purposes of copyright law are served both by enforcing valid copyrights and by successful defenses against overreaching or meritless claims.

## Conclusion

The Court required neutral treatment of prevailing plaintiffs and defendants under 17 U.S.C. § 505 and rejected rules that presumptively favor prevailing copyright plaintiffs, directing courts to decide fee requests through equitable discretion guided by case-specific factors.


Fogerty v. Fantasy, Inc., 510 U.S. 517 (1994)