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First Sale Doctrine › Kirtsaeng v. John Wiley & Sons › Copyright Infringement

The First Sale Doctrine is rule of copyright law providing that an individual who knowingly purchases a copy of a copyrighted material has the right to do what they wish with that particular copy, i.e. sell,... more +
The First Sale Doctrine is rule of copyright law providing that an individual who knowingly purchases a copy of a copyrighted material has the right to do what they wish with that particular copy, i.e. sell, display or dispose of that copy. However, the First Sale Doctrine does not grant individual purchasers the right to make unauthorized reproductions of copyrighted material and consequently, the First Sale Doctrine cannot be used as a defense against claims of infringing reproductions.  less -
Buchalter

The Supreme Court Clarifies Standard For Attorney Fee Awards In Copyright Cases

Buchalter on

Copyright infringement litigation has been on the rise in recent years, particularly in the Central District of California, with the apparel industry feeling the brunt of this uptick. In a typical case, a plaintiff alleges...more

Morrison & Foerster LLP - Social Media

The Kirtsaeng Opinion: Supreme Court Guidance on Attorneys’ Fees Awards in Copyright Cases

Morrison & Foerster LLP - Social Media on

Recently, in Kirtsaeng v. John Wiley & Sons, Inc., the U.S. Supreme Court provided substantial guidance in an unsettled area of law by holding that, when deciding whether to award attorneys’ fees under 17 U.S.C. §505, the...more

Alston & Bird

Supreme Court Provides Guidance on Attorneys’ Fees in Copyright Infringement Actions

Alston & Bird on

On June 16, 2016, the U.S. Supreme Court issued an opinion in Kirtsaeng v. John Wiley & Sons, Inc., to provide lower courts with guidance regarding the circumstances for awarding attorneys’ fees to a prevailing party in a...more

Ladas & Parry LLP

Supreme Court In Kirstaeng V Wiley: Objective Reasonableness Not Controlling For Attorney Fees

Ladas & Parry LLP on

The case of Kirstaeng v. Wiley hit the headlines in 2013 when the Supreme Court held that importation and sale in the United States of books bought from the copyright owner in Thailand was not an infringement of copyright,...more

McNees Wallace & Nurick LLC

Supreme Court Injects Uncertainty Into Attorney’s Fee Awards in Copyright Cases

McNees Wallace & Nurick LLC on

The day after it liberalized the standard for awarding enhanced damages in patent cases, a unanimous Supreme Court, in an opinion authored by Justice Kagan, substantially broadened lower courts’ discretion in granting...more

Wilson Sonsini Goodrich & Rosati

Supreme Court Provides Guidance on Discretionary Fee-Shifting in Copyright Cases

Wilson Sonsini Goodrich & Rosati on

On June 16, 2016, the U.S. Supreme Court clarified how courts should exercise their discretion to award attorneys' fees to the prevailing party in copyright cases. The Court unanimously held that courts should give...more

Akerman LLP - Marks, Works & Secrets

The Importance of Being Earnest and Objectively Reasonable

Akerman LLP - Marks, Works & Secrets on

Kirtsaeng v. John Wiley & Sons, Inc. continues to make controlling copyright law, visiting the U.S. Supreme Court for the second time on an issue of great importance to copyright owners and litigants. This time, the issued...more

Foley Hoag LLP - Making Your Mark

Objective Reasonableness Can Be Central to Fee-Shifting Analysis in Copyright Cases

Foley Hoag LLP - Making Your Mark on

In Kirtsaeng v. John Wiley & Sons, Inc., the Supreme Court clarified the test for awarding attorney’s fees when applying the Copyright Act’s discretionary fee-shifting provision, 17 U.S.C. § 505. The Court held that the...more

BakerHostetler

Supreme Court Clarifies Test for Fee-Shifting in Copyright Cases

BakerHostetler on

The Supreme Court on June 16 issued a unanimous ruling clarifying the test for awarding attorneys’ fees to successful copyright litigants. The decision, in Kirtsaeng v. John Wiley & Sons, Inc., is sure to have lasting impact...more

Genova Burns LLC

U.S. Supreme Court Clarifies Standard for Awarding Attorneys’ Fees to Successful Copyright Litigants.

Genova Burns LLC on

On June 16, 2016, the U.S. Supreme Court in a unanimous decision, clarified the standard for awarding attorneys’ fees under the Copyright Act. This is the second time the case of Kirtsaeng v. John Wiley & Sons, Inc, No....more

Morrison & Foerster LLP

Show Me the Money - Kirtsaeng and Supreme Court Guidance on Attorneys’ Fees Awards in Copyright Cases

Morrison & Foerster LLP on

WHAT’S NEW - Yesterday, the Supreme Court provided substantial guidance in an unsettled area of law by holding that, in deciding whether to award attorneys’ fees under the Copyright Act’s fee-shifting provision, 17...more

Eversheds Sutherland (US) LLP

Righting Copyright Wrongs Remains Elusive – Kirtsaeng Leaves Fee Awards to District Court Discretion

Eversheds Sutherland (US) LLP on

On June 16, the U.S. Supreme Court’s decision in Kirtsaeng v. John Wiley & Sons Inc., No. 15-375, resolved a circuit court split by reaffirming the test district courts should use to determine whether to award attorney’s fees...more

Kelley Drye & Warren LLP

The Double-Edged Sword: Supreme Court Holds “Objective Reasonableness” Important But Not Dispositive in Copyright Act Fee Awards

Kelley Drye & Warren LLP on

It is a common misperception that a party will automatically recover its attorneys’ fees if it prevails in an action for copyright infringement. First, certain statutory requirements must be met in order to qualify for the...more

Dorsey & Whitney LLP

The Supreme Court - June 2016 #4

Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in three cases on June 16, 2016: Universal Health Services, Inc. v. United States ex rel. Escobar, No. 15-7: Yarushka Rivera, a teenage beneficiary of...more

McDermott Will & Emery

Supreme Court to Consider (1) PTAB AIA Claim Construction and Reviewability of Institution Decisions and (2) Attorney Fee Awards...

McDermott Will & Emery on

The U. S. Supreme Court granted certiorari to review a panel decision of the U.S. Court of Appeals for the Federal Circuit’s decision that the U.S. Patent and Trademark’s Patent Trial and Appeal Board (PTAB or Board) was...more

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