Cloth v. Hyman

HERLANDS, District Judge.

Plaintiffs having consented to an adverse summary judgment in this literary copyright infringement action, the Court is required to decide two questions: (1) whether the Court, in its discretion, should award reasonable attorneys’ fees to the victorious defendants; and (2) if so, what amount would be reasonable in the circumstances of this case.

In opposing any award of attorneys’ fees, plaintiffs assert that this action was brought in the sincere belief that their copyrighted story had been pirated by defendants.

In support of defendants’ request for substantial fees,…