Richardson v. Kharbouch

Plaintiff filed a lawsuit against defendant for infringement under the Copyright Act, alleging that the defendant illegally used his beat in a chart-topping song. The district court granted summary judgment on the merits in favor of the defendant and the court granted defendant’s motion for costs but denied his request for attorney’s fees. Plaintiff appealed the district court’s decision and defendant cross-appealed the denial of fees. The Seventh Circuit affirmed on both issues, concluding that plaintiff did not present sufficient evidence to show infringement of copyrighted work and that it was within the district court’s discretion to deny attorney’s fees and that the court’s discretion was properly exercised under the facts of the case. (BRENNAN and PRYOR, concurring)