Bass, Berry & Sims attorney Greg Parker provided insights for an article outlining the impact of the U.S. Supreme Court's ruling in Kirtsaeng v. John Wiley & Sons, in which the court provided clarification on when judges should award attorneys' fees to successful copyright litigants, finding that a heavy emphasis should be placed on whether the case is "objectively unreasonable." As Greg points out in the article,
The Supreme Court's decision in Kirtsaeng adopts an 'objective-reasonableness approach' to Section 505 of the Copyright Act and resolves disagreement in the lower courts about how to address an application for attorneys' fees in a copyright case. Going forward, courts must give substantial weight to the reasonableness of the losing party's position. While courts must also consider a range of factors beyond the reasonableness of litigation positions, the key question is whether the losing party advanced an objectively reasonable claim or defense. The answer to that question more often than not will be outcome determinative on whether to award fees.
The full article, "Attys React To High Court's Copyright Attys' Fees Ruling," was published by Law360 on June 17, 2016, and is available online.