§505. Remedies for infringement: Costs and attorney's fees

In any civil action under this title, the court in its discretion may allow the recovery of full costs by or against any party other than the United States or an officer thereof. Except as otherwise provided by this title, the court may also award a reasonable attorney's fee to the prevailing party as part of the costs.

( Pub. L. 94–553, title I, §101, Oct. 19, 1976, 90 Stat. 2586 .)

Historical and Revision Notes

house report no. 94–1476

Under section 505 the awarding of costs and attorney's fees are left to the court's discretion, and the section also makes clear that neither costs nor attorney's fees can be awarded to or against "the United States or an officer thereof."

Cross References

Acts of infringement-

Making and distributing phonorecords, see section 115 of this title.

Secondary transmission of primary transmission, see section 111 of this title.

Costs against United States generally, see section 2412 of Title 28, Judiciary and Judicial Procedure, and rule 54 of Federal Rules of Civil Procedure, Title 28, Appendix.

Registration as prerequisite for award of attorney's fees, see section 412 of this title.

Taxation of costs, see section 1920 of Title 28, Judiciary and Judicial Procedure.

Works consisting of sounds, images, or both, the first fixation of which is made simultaneously with its transmission, as subject to this section, although not yet registered, see section 411 of this title.

Section Referred to in Other Sections

This section is referred to in sections 109, 111, 115, 119, 122, 411, 412, 510, 511, 1101 of this title.