Kirtsaeng v. John Wiley & Sons, Inc., U.S., No. 15-375, amicus brief filed 3/7/2016
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Copyright attorneys' fees, under 17 U.S.C. 505, should be awarded to prevailing parties under a totality of the circumstances test, guided by such considerations as objective reasonableness, frivolousness, motivation, and the need to consider compensation and deterrence, AIPLA argued to the Supreme Court in a March 7, 2016 amicus brief.
As in Octane Fitness , LLC v. ICON Health & Fitness, Inc., 134 S.Ct. 1749 (2014), no single factor, such as the objective reasonableness of the losing party's position, should be determinative of the fee decision.
As in Octane Fitness , LLC v. ICON Health & Fitness, Inc., 134 S.Ct. 1749 (2014), no single factor, such as the objective reasonableness of the losing party's position, should be determinative of the fee decision.