Latin American Music Co. v. American Society of Composers
642 F.3d 87
| 1st Cir. | 2011Background
- ASCAP successfully defended on appeal a jury verdict of non-infringement; ASCAP moved for attorneys' fees and costs for 2005–2008.
- LAMCO opposed the fee request; district court awarded ~$55,000 in fees and $2,000 in costs.
- LAMCO moved for Rule 59(e) reconsideration; district court denied reconsideration but increased the total award to just under $62,000.
- LAMCO appealed the fee order and reconsideration denial.
- The central legal questions concern statutory registration under 17 U.S.C. § 412, prevailing-party status and reasonableness of fees, and the district court’s reconsideration ruling.
- The First Circuit affirmed the district court’s fee award and denial of reconsideration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 412 bars fees when defendant prevails | LAMCO: registration pending; fees barred | ASCAP: § 412 does not apply to prevailing non-infringers | § 412 does not bar fees; registration was timely and noninfringement vindicates fee recovery |
| Prevailing party status and reasonableness of fees | LAMCO challenges ASCAP as prevailing party and fee amount | ASCAP was prevailing and fees reasonable in light of weak claims | ASCAP is prevailing party; court acted within discretion in determining reasonableness |
| Standard and scope of reconsideration ruling | LAMCO seeks reconsideration for potential errors | District court did not abuse its discretion; reconsideration properly denied | No abuse of discretion; reconsideration denial affirmed |
Key Cases Cited
- Fogerty v. Fantasy, Inc., 510 U.S. 517 (1994) (fee-shifting discretion for prevailing party under § 505)
- Torres-Negrón v. J & N Records, LLC, 504 F.3d 151 (1st Cir. 2007) (prevailing party status based on merits on some claims)
- García-Goyco v. Law Envtl. Consultants, Inc., 428 F.3d 14 (1st Cir. 2005) (deferential standard for reviewing fee awards)
- Buckhannon Bd. & Care Home, Inc. v. West Virginia Dept. of Health & Human Resources, 532 U.S. 598 (U.S. 2001) (prevailing party requires actual relief on merits)
- Lotus Dev. Corp. v. Borland Int'l, Inc., 140 F.3d 70 (1st Cir. 1998) (extremely deferential review of fee decisions)
- Palmer v. Champion Mortg., 465 F.3d 24 (1st Cir. 2006) (high hurdle for motions for reconsideration)