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Silberstein v. Digital Art Solutions Inc.

Action, voluntarily dismissed by plaintiff, was not frivolous; no attorney's fees for defendant.

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Judge Daniels

SILBERSTEIN v. DIGITAL ART SOLUTIONS, INC. — Plaintiff brought suit against defendant on October 16, 2002, alleging violations of the Copyright Act, 17 U.S.C. §101, et seq., in connection with a “Beaver Cartoon” to which plaintiff claimed that all rights, including copyright, had been transferred and assigned to her by the cartoon’s creator, Ron Szafarczyk. Plaintiff sought monetary damages and a declaratory judgment that, subject to certain limited privileges granted to defendant’s predecessor in interest, she was the sole and exclusive owner of the copyright to the “Beaver Cartoon.” Plaintiff then filed a Notice of Voluntary Dismissal without prejudice on January 29, 2003. This court so ordered that Notice of Voluntary Dismissal without prejudice on January 31, 2003. Defendant now moves for attorney’s fees pursuant to 17 U.S.C. §505 and Fed. R. Civ. P. 54. For the following reasons, defendant’s motion is denied.

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