17 U.S.C. 505 allows a court, in its discretion, to award recoverable costs and reasonable attorney fees in qualifying copyright litigation. Winning does not make fees automatic. Both prevailing plaintiffs and prevailing defendants can be eligible under the governing standards. [1]
Rules that determine the answer
The court considers the legal standards established by the Supreme Court, including objective reasonableness and other relevant circumstances. Section 412 can limit fee eligibility for certain infringements that began before timely registration. “Full costs” does not authorize every litigation expense regardless of the ordinary statutory limits on taxable costs. [1] [2]
Fee exposure can influence settlement on either side. Keep a realistic estimate of recoverable fees separate from the amount actually billed and from statutory or actual infringement damages.
What to check before taking the next step
- Determine prevailing-party status, registration timing, when infringement began, and the governing fee-motion deadline.
- Collect the registration certificate, complaint, judgment, billing records, and itemized cost request.
A distinction that changes the result
Section 505 uses discretionary language for both costs and reasonable attorney fees. An award should therefore address entitlement and amount separately. The fee applicant normally supports the requested amount with billing records, rates, work performed, and explanations for reductions or exclusions. A defendant who defeats an infringement claim also may seek fees where legally eligible, but prevailing status and the governing discretionary factors still require analysis. Settlement terms can allocate or waive fee claims, so proposed language should specify whether fees and costs are included. [1]
Practical example
A copyright owner wins damages but registered too late for the relevant infringement. A successful merits claim does not itself overcome section 412’s fee restriction.
For related situations, see album copyright registration fees and DVD copying and DMCA exemptions.
Primary sources
Sources checked: October 31, 2026.