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Statutory Interpretation – Copyright Act – Costs

By: Derek Hawkins//April 10, 2019//

Statutory Interpretation – Copyright Act – Costs

By: Derek Hawkins//April 10, 2019//

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United States Supreme Court

Case Name: Rimini Street, Inc, et al. v. Oracle USA, Inc., et al.

Case No.: 17-1625

Focus: Statutory Interpretation – Copyright Act – Costs

The Copyright Act gives federal district courts discretion to award “full costs” to a party in copyright litigation. 17 U. S. C. §505. In the general statute governing awards of costs, Congress has specified six categories of litigation expenses that qualify as “costs.” See 28 U. S. C. §§1821, 1920. The question presented in this case is whether the Copyright Act’s reference to “full costs” authorizes a court to award litigation expenses beyond the six categories of “costs” specified by Congress in the general costs statute. The statutory text and our precedents establish that the answer is no. The term “full” is a term of quantity or amount; it does not expand the categories or kinds of expenses that may be awarded as “costs” under the general costs statute. In copyright cases, §505’s authorization for the award of “full costs” therefore covers only the six categories specified in the general costs statute, codified at §§1821 and 1920. We reverse in relevant part the judgment of the U. S. Court of Appeals for the Ninth Circuit, and we remand the case for further proceedings consistent with this opinion.

Reversed and remanded

Dissenting:

Concurring:

Full Text


Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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