Generally, copyright law firms bill their legal services by the hour. However, in some cases, fees can be charged on a contingency fee basis or some hybrid thereof.

For copyright infringement litigation, copyright clients will be involved as either the plaintiff or the defendant. Contingency fee arrangements are generally available only if you are the plaintiff; that is, if you are the party suing another party for alleged infringement of your copyrights. Contingency fee arrangements take the form of no payments due from the client unless and until there is a settlement or judgment. The attorneys’ fees are, in that sense, contingent on victory in the case. Generally, the contingency fee is one-third of the recovery after litigation fees and costs have been deducted. Fees would include court filing fees and similar; litigation costs would include expenses like deposition appearance fees, transcription costs, expert witness hourly fees, etc.

If you are defending against a claim of copyright infringement, then hourly billing is the method. Depending on experience, level of difficulty and complexity, location and other factors, experienced copyright lawyers charge in the range of $400 to $800 an hour. And, if you are wondering, “What kind of lawyer for copyright infringement?” the answer is that you need an experienced and dedicated copyright lawyer. For a consultation and/or questions about copyright litigation, call us here at Revision Legal at 231-714-0100 or 855-473-8474. We can assess your copyright situation and give you a quote.

Copyright lawyers also provide other copyright-related legal services. These services can be charged by the hour, charged as a flat fee, and in some cases, charged on a contingency fee basis. Hourly billing is typical for legal services like research, obtaining a copyright license, a sale/purchase of a copyright, and similar services. Flat fee billing is often available for registration of copyrights with the US Copyright Office. Contingency fee billing is sometimes available for efforts to settle claims of copyright infringement. For example, any of the following might be a copyright infringement:

• Someone downloaded your music, films, or photos without permission or payment
• Someone copied a part of your book, play, or other written text
• Someone reproduced your painting or visual work without permission and sold copies
• Someone produced your theater play or showed your film to a public audience without permission or payment
• And more

In such cases, experienced copyright lawyers can send correspondence alleging infringement and demanding payment under the Copyright Act and, sometimes, under the Digital Millennium Copyright Act. If negotiations are successful, then the matter can be settled, and money damages can be recovered. These are circumstances where contingency fee billing can be beneficial. Again, call us for a consultation and a quote.

Contact The Copyright Attorneys at Revision Legal

For more information, contact the experienced Copyright Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.

Statutory Damages and Their Impact on Fee Discussions

One factor that significantly affects both fee structures and settlement strategy in copyright infringement cases is the availability of statutory damages under 17 U.S.C. § 504(c). If the copyright was registered with the U.S. Copyright Office before the infringement began — or within three months of the first publication of the work — the copyright owner can elect to recover statutory damages instead of proving actual damages and profits.

Statutory damages range from $750 to $30,000 per infringed work. For willful infringement — where the infringer knew the conduct was infringing — statutory damages can reach $150,000 per work. For innocent infringers who can demonstrate they had no reason to believe their use infringed, damages can be reduced to as little as $200 per work. This statutory range creates enormous leverage for copyright plaintiffs. A single infringement of a timely-registered work can justify significant litigation investment even when actual lost profits are modest.

Attorney Fees as a Separate Recovery in Copyright Cases

Unlike most civil litigation, copyright law specifically allows courts to award attorney fees to the prevailing party under 17 U.S.C. § 505. Courts consider several factors in deciding whether to award fees, including frivolousness of the losing party’s position, motivation, objective unreasonableness, and the need to advance considerations of compensation and deterrence. The Supreme Court addressed the standard in Kirtsaeng v. John Wiley & Sons, Inc., 579 U.S. 197 (2016), emphasizing that the overall objective of copyright law should guide the fee decision.

This fee-shifting provision matters for several reasons. First, it can make pursuing a copyright infringement case economically viable even when the individual damages are modest. Second, it deters frivolous defenses — a defendant who advances baseless arguments risks paying the plaintiff’s attorney fees. Third, for defendants, it creates real financial exposure beyond the damage award itself.

Factors That Drive the Cost of Copyright Litigation

Copyright litigation costs vary widely depending on:

• Whether the copyright was registered: Timely registration is a prerequisite to filing suit under Fourth Estate Public Benefit Corp. v. Wall-Street.com, 586 U.S. 296 (2019), and it also unlocks statutory damages and fee recovery. Cases involving unregistered copyrights are harder and less economically viable to litigate.
• Complexity of the infringement: A case involving one clearly copied photograph is far simpler than a case involving alleged copying of software code, where substantial similarity must be established through technical expert testimony.
• The identity and resources of the infringer: An infringer who is a well-funded corporation will contest every element of the case through discovery, motions, and trial. An individual blogger may capitulate to a demand letter without any litigation at all.
• Venue and jurisdiction: Cases filed in certain federal districts tend to move faster and involve more experienced local counsel, affecting overall costs.

Understanding the full economics of a copyright infringement matter before you commit to litigation is essential. Revision Legal’s copyright attorneys will give you a candid assessment of costs, likely recoveries, and the most efficient path to resolution. Call us at 231-714-0100 or 855-473-8474.