CHAUNCEY MAHAN, Plaintiff,
v.
ROC NATION, LLC, et al., Defendants.
14 Civ. 5075 (LGS)
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
July 17, 2015
OPINION AND ORDER
LORNA G. SCHOFIELD, District Judge:
This application for attorneys' fees arises out of the dismissal of Plaintiff Chauncey Mahan's four claims under the Copyright Act, 17 U.S.C. §§ 101, 201 et seq., and one claim alleging trespass to chattel in Mahan v. Roc Nation, LLC, No. 14 Civ. 5075, 2015 WL 1782095, at *3 (S.D.N.Y. Apr. 15, 2015) (the "April 15 Opinion"). Defendants Roc-A-Fella Records, Shawn Carter (together, "Roc-A-Fella") and Roc Nation, LLC ("Roc Nation") seek attorneys' fees, under the Copyright Act, 17 U.S.C. § 505, for a combined amount of $281,566.65. For the following reasons, their motions are granted in part.
BACKGROUND
Counsel for both Defendants submitted declarations with invoices listing the requested fees. Roc-A-Fella is represented by (1) Andrew Bart, charging an hourly rate of $720, and (2) Lindsay Bowen, charging an hourly rate of $529. Roc Nation is represented by (1) Cynthia Arato, charging an hourly rate of $565, and (2) Daniel O'Neil, charging hourly rates between $460 and $500 per hour. On May 15, 2015, Plaintiff submitted his opposition to the instant motion. Defendants submitted their reply memoranda on May 28, 2015, and further moved for the award of attorneys' fees associated with litigating the instant motion.
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DISCUSSION
I. WHETHER FEES SHOULD BE AWARDED
The Copyright Act authorizes "the court in its discretion [to] . . . . award a reasonable attorney's fee to the prevailing party." 17 U.S.C. § 505; accord Fogerty v. Fantasy, Inc., 510 U.S. 517, 534 (1994) (remarking that, under section 505, "[p]revailing plaintiffs and prevailing defendants are to be treated alike, but attorney's fees are to be awarded to prevailing parties only as a matter of the court's discretion"). In determining whether the fee should be awarded, there is no precise rule or standard, but courts look to a non-exhaustive list of factors including "frivolousness, motivation, objective unreasonableness (both in the factual and in the legal components of the case) and the need in particular circumstances to advance considerations of compensation and deterrence." Fogerty, 510 U.S. at 534 n.19. ("[T]here is no precise rule or formula for making [attorneys' fees] determinations, but instead equitable discretion should be exercised."); see also Matthew Bender & Co. v. W. Pub. Co., 240 F.3d 116, 121 (2d Cir. 2001) (same).
Of these factors, objective unreasonableness is the most important. See Bryant v. Media Right Prods., Inc., 603 F.3d 135, 144 (2d Cir. 2010) ("The third factor -- objective unreasonableness -- should be given substantial weight."). Objective unreasonableness alone is sufficient to grant an award of fees. See Screenlife Establishment v. Tower Video, Inc., 868 F. Supp. 47, 52 (S.D.N.Y. 1994) (Sotomayor, J.) (holding that prevailing party may obtain attorneys' fees "pursuant to 17 U.S.C. § 505, once the court finds that the plaintiff's claim was objectively unreasonable; bad faith or frivolousness is not a prerequisite to an award of fees."); see also Crown Awards, Inc. v. Disc. Trophy & Co., 564 F. Supp. 2d 290, 294 (S.D.N.Y. 2008),
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aff'd, 326 F. App'x 575 (2d Cir. 2009). A party acts in an "objectively unreasonable manner by asserting an utterly meritless claim and a patently frivolous position." Screenlife Establishment, 868 F. Supp. at 51-52 (internal quotation marks omitted). To be objectively unreasonable, a claim must be "lacking in basis" or have an "objective lack of merit." Polsby v. St. Martin's Press, Inc., No. 97 Civ. 690, 2000 WL 98057, at *2 (S.D.N.Y. Jan. 18, 2000), aff'd, 8 F. App'x 90 (2d Cir. 2001).
The Fogerty factors are relevant, however, only to the extent they align with the purposes of the Copyright Act. See Fogerty, 510 U.S. at 534 n.19 ("[S]uch factors may be used to guide courts' discretion, so long as such factors are faithful to the purposes of the Copyright Act and are applied to prevailing plaintiffs and defendants in an evenhanded manner."). "The touchstone of . . . § 505 is whether imposition of attorney's fees will further the interests of the Copyright Act" -- specifically, "encouraging the raising of objectively reasonable claims and defenses, . . . not only to deter infringement but also to . . . to maximize the public exposure to valuable works." Mitek Holdings, Inc. v. Arce Eng'g Co., 198 F.3d 840, 842-43 (11th Cir. 1999) (quoted with approval in Matthew Bender, 240 F.3d at 122).
Defendants here are entitled to attorneys' fees because, for the reasons set forth in the April 15 Opinion, Plaintiff's claims under the Copyright Act were plainly time barred and therefore objectively unreasonable. Claims brought after the statute of limitations has run may be considered objectively unreasonable. See, e.g., Bridgeport Music, Inc. v. Diamond Time, Ltd., 371 F.3d 883, 895 (6th Cir. 2004) (affirming award of attorneys' fees to prevailing defendant under section 505 where "the district court found it was objectively unreasonable for plaintiffs to
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have argued that the...
