9th Circuit Upholds Attorneys’ Fees Award to Universal Music Group in Copyright Infringement Suit

Apps v. Universal Music Group, Inc., Nos. 18-15889, 18-15987, 2020 WL 1514971 (9th Cir. March 30, 2020)

On March 30, 2020, the 9th Circuit affirmed a district court award of $41,955 in attorneys’ fees and $946.23 in costs to Universal Music Group Inc. (“UMGI”) in a copyright infringement suit involving the John Newman Song, “Love Me Again.” The Plaintiff, Alissa Apps, sued Newman, and other parties, including “UMGI,” which is a “holding company that does not create, develop, perform, market, sell, distribute, or exploit recorded music or musical compositions.” After awarding UMGI summary judgment, the district court awarded UMGI attorneys’ fees and costs incurred after the Plaintiff deposed UMGI’s in-house counsel, which revealed that UMGI “has no business operations” and “does not exploit music in any way,” thus rendering UMGI an improper defendant. On appeal, the 9th Circuit deemed that the district court’s reasoning under the Fogerty and Kirtsaeng factors for awarding attorneys’ fees was not an abuse of discretion, and thus it affirmed the fees and costs award.