To Fee or Not to Fee: The Availability of Attorney’s Fees in Declaratory Relief Actions for Copyright Abandonment Under the Copyright Act

Abstract

On May 13, 2020, in Doc’s Dream, LLC v. Dolores Press, Inc., the U.S. Court of Appeals for the Ninth Circuit held that a court has discretion under § 505 of the Copyright Act to award reasonable attorney’s fees in declaratory relief actions for copyright abandonment. In this matter of first impression, the Ninth Circuit reversed the U.S. District Court for the Central District of California’s holding that a declaratory relief action for copyright abandonment does not invoke the fee-shifting provision under the Copyright Act. This Comment argues that the Ninth Circuit’s holding appropriately reflects congressional intent.