Legal Question in Intellectual Property in California

In April 2010 a former work partner knowingly filed a false report with two online companies stating that I infringed on his US Copyright. I tried to correct the situation on my own but soon discovered that clearing up the matter would require that I hire an attorney, which I did, and the matter was resolved. US Copyright Law and the US Digital Millennium Copyright Act both provide for reimbursement of my attorney's fees in such a case.

I read online that federal courts have exclusive jurisdiction over cases that involve copyright violations. Does this mean that I can only file for reimbursement of my attorney's fees in federal court? The attorney's fees came to $679.00.


Asked on 12/02/10, 7:02 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Sounds as though your attorney must have settled the matter out of court. If that's so, I'm reasonably sure you have no statutory right to attorney fees - they would be available only if you had to go to court and a judge awarded you the fees upon your winning a judgment. Attorney-fee statutes generally don't apply to private out-of-court settlements. However, an attorney in negotiating a settlement could always try to insert a provision for payment of his fee in the private settlement agreement. If he did not, you're probably not entitled to the fees.

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Answered on 12/08/10, 9:41 am
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I agree with Bryan's answer. Also, at a business level, how much time, effort and money are you willing to put into trying to collect $679? Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 12/08/10, 11:29 am


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