Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Supreme Court View On Copyright Attorney Fees
Attorney fee awards are a big issue in many of the copyright litigations that crop up in the entertainment industry. Now the U.S. Supreme Court has recalibrated the law of copyright fee shifting, telling the U.S. Court of Appeals for the Second Circuit that it was placing too much weight on the objective reasonableness of parties' litigation positions. “The court of appeals' language at times suggests that a finding of reasonableness raises a presumption against granting fees,” Justice Elena Kagan wrote for a unanimous court in Kirtsaeng v. John Wiley & Sons Inc., 15-375 (June 16, 2016), “and that goes too far in cabining how a district court must structure its analysis.”
Instead, lower courts must give due consideration to all other circumstances relevant to granting fees, including the ” Fogerty factors” articulated by the court 22 years ago in Fogerty v. Fantasy Inc., 510 U.S. 517 (1994): “frivolousness, motivation, objective unreasonableless, and the need in particular circumstances to advance considerations of compensation and deterrence.”
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.