Opinion
Civ. No. 06-3036-AA.
August 31, 2006
ORDER
Plaintiff, appearing pro se, filed a complaint against defendant HarperCollins Publishers L.L.C. alleging that defendant violated federal copyright and "Major League Baseball" antitrust laws by publishing his likeness without permission in a biography published by defendant in the early 1990s. On August 1, 2006, I granted defendant's motion to dismiss, finding that plaintiff abandoned his claims of antitrust and copyright violations, and that any claim based on a right of publicity was barred by the statute of limitations.
Defendant now moves for an award of attorney fees in the amount of $3,819.00 pursuant to 17 U.S.C. § 505, which grants the court discretion to award attorney fees to a prevailing party. Defendant argues that plaintiff's copyright claim was frivolous and objectively unreasonable, and that plaintiff recognized this fact when he abandoned his copyright claim. Although plaintiff's claim lacked merit, I decline to issue an award of attorney fees against a pro se plaintiff in this case.
CONCLUSION
Defendant's motion for an award of attorney fees (doc. 21) is DENIED.
IT IS SO ORDERED.