Yellow Page Photos, Inc.v.Ziplocal, Lp
Yellow Pages Photos prevailed at trial on copyright and contract claims arising from Ziplocal’s unauthorized transfer and use of licensed stock photographs in phone books. After the verdict was affirmed, the district court awarded Yellow Pages Photos only a small fraction of the attorney fees and nontaxable costs it requested, using a mathematical reduction tied to the percentage of success on its claims. The Eleventh Circuit held that this strict proportional reduction was an abuse of discretion. The governing fee analysis required the district court to evaluate the relationship between the work performed, the claims on which the plaintiff prevailed, and the contractual and statutory bases for costs; it could not reduce the award mechanically without a sound explanation. The court also held that the district court erred by denying full costs without an adequate basis. It reversed the fee-and-costs order and remanded for a new determination consistent with the opinion.
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