Copyright Case Victor Returns to Supreme Court for Legal Fees; New York Times, 4/25/16

Adam Liptak, New York Times; Copyright Case Victor Returns to Supreme Court for Legal Fees:

"Three years ago, a Thai student who had helped finance his American education by selling imported textbooks won a major Supreme Court victory, persuading the justices that it is lawful to buy copyrighted books abroad and resell them in the United States. The ruling, which clarified an ambiguous phrase in the Copyright Act, applied to all manner of products, including books, records, art and software.

The student, Supap Kirtsaeng, returned to the Supreme Court on Monday, seeking more than $2 million in legal fees from John Wiley & Sons, the publisher that had sued him.

The usual rule in American civil litigation is that each side pays its own lawyers regardless of who wins. But the Copyright Act allows judges to “award a reasonable attorney’s fee to the prevailing party.”

Federal appeals courts apply different standards in deciding when fee awards in copyright cases are warranted."