Abstract:In copyright lawsuits in the United States, a district court in its discretion may award a reasonable attorney’s fee to the prevailing party. In light of the guidelines by the Federal Supreme Court of the United States, a district court may not award attorney’s fees as a matter of course, and may not treat prevailing plaintiffs and prevailing defendants any differently. In awarding attorney’s fees, a district court should give substantial weight to the objective reasonableness of a losing party’s litigating position, but also take into account all other relevant factors like frivolousness, motivation, and the need in particular circumstances to advance considerations of compensation and deterrence. China should follow the useful practices of the United States to improve attorney’s fees shifting provisions.