One “exception” to the American rule is the “tort of another” doctrine. Under this doctrine, “[a] person who through the tort of another has been required to act in the protection of his interests by bringing or defending an action against a third person is entitled to recover compensation for the reasonably necessary loss of time, attorney’s fees, and other expenditures thereby suffered or incurred.” Prentice v. North Am. Title Guaranty Corp., Alameda Division, 59 Cal.2d 618, 620 (1963).

An owner of a copyright who transfers exclusive rights may still have standing to sue on those rights if the owner qualifies as a “beneficial owner” of those rights.

The Ninth Circuit held that the plaintiff should have been given leave to amend to state with more specificity the similarities between the two works, and to plead facts that could describe a plausible chain of events linking the King Solomon treatment to defendants.