This article considers the effect that strong proof of access to a copyrighted work has on a court’s determination of whether to award attorney fees to a successful defendant who prevails on the merits notwithstanding the strong proof of access. Absent a rule to this effect, copyright owners, and in particular impecunious ones, have little incentive to vindicate their rights, and may even be deterred from seeking to bring meritorious claims.
Copyright Study
This year, the Copyright Office is undertaking a study:
(1) [to understand] the extent to which authors and other copyright owners are effectively prevented from seeking relief from infringements due to constraints in the current system; and (2) [to] furnish specific recommendations, as appropriate, for changes in administrative, regulatory and statutory authority that will improve the adjudication of small copyright claims and thereby enable all copyright owners to more fully realize the promise of exclusive rights enshrined in our Constitution.1
