In the News

Alicia Calzada in the National Press Photographers Association: Photographers Testify Against Texas Proposed Limits On Unmanned Aerial Photos

In the wee hours of Wednesday morning, the National Press Photographers Association (NPPA) members testified in front of a Texas House Committee against a bill that would make photography with unmanned aerial vehicles (UAVs) subject to criminal and civil penalties. >>

NPPA Announces New Award in Honor of Austin Associate Alicia Calzada

AUSTIN – The National Press Photographers Association (NPPA) has announced the creation of the Alicia Calzada First Amendment Award, an annual award recognizing individuals that have supported advocacy work in First Amendment freedoms.

The award was named after Haynes and Boone, LLP Associate Alicia Calzada, in recognition of Calzada’s work in helping advance NPPA’s advocacy work in First Amendment freedoms. >>



Recent Publications

Law360 Guest Article: Using Images From Social Media: 3 Lessons From AFP Case

Can organizations take images from a social media site and use them elsewhere without asking permission? Over a year ago, a federal judge in the Southern District of New York said "no," and in November, a jury awarded the photographer in that case $1.22 million for the infringing use. The verdict should ring alarm bells to media companies — and any company that uses images — about the potential pitfalls of relying on social media as a source for images. >>



Alicia Calzada

Associate

Austin


600 Congress Avenue
Suite 1300
Austin, Texas 78701
T +1 512.867.8437
F +1 210.554.0480

San Antonio


112 East Pecan Street
Suite 1200
San Antonio, Texas 78205
T +1 210.978.7420

Areas of Practice

Education

  • J.D., St. Mary's University School of Law, 2010, St. Mary’s Law Journal, staff writer and associate editor; Evening Student Bar Association, founding board member
  • B.A., Photojournalism, University of Texas at Austin, 1994

Bar Admissions

  • Texas, 2011
  • Connecticut, 2012

Court Admissions

  • U.S. District Court for the Western District of Texas
  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Southern District of Texas
  • U.S. District Court for the Eastern District of Texas
  • U.S. Court of Appeals for the Fifth Circuit

Judicial Clerkships

Judicial Intern, Hon. Rebecca Simmons, Fourth Court of Appeals of Texas, 2010; Judicial Intern, Hon. Emilio Garza, U.S. Court of Appeals for the Fifth Circuit, 2009

Languages

  • Spanish
Alicia Calzada

Alicia Calzada is an associate in the Business Litigation Practice Group in the San Antonio and Austin offices of Haynes and Boone, LLP. She has experience in general litigation with an emphasis on matters involving defamation, First Amendment, commercial practices, social media counseling and Texas' new anti-SLAPP law, as well as intellectual property matters pertaining to copyright and trademark infringement claims.

Prior to becoming an attorney, Alicia was a photojournalist for more than 20 years. Her work has been published in a variety of national magazines and newspapers, in addition to several books.

Alicia speaks regularly on legal issues affecting photojournalists and has taught as an adjunct professor at Texas State University. She is a member of the San Antonio Bar Association, the Bexar County Women's Bar Association and American Bar Association's Forum on Communications Law. Alicia attended the 2008 Institute on World Legal Problems in Innsbruck, Austria.

Alicia is a past president of the National Press Photographers Association (NPPA) (2005-2006), serves as an attorney for NPPA and is the founder and chair of that group's advocacy committee. In 2013, the NPPA Board of Directors introduced the Alicia Calzada First Amendment Award recognizing individuals that have supported advocacy work in First Amendment freedoms.

Alicia has worked on a variety of legislative initiatives and was involved in the effort to obtain passage of Texas’ anti-SLAPP statute in 2011. She runs the blog, Slapped in Texas, which tracks the powerful statute as it is being put to use in state courts.

Selected Publications and Speeches

  • "Using Images From Social Media: 3 Lessons From AFP Case," guest author, Law360, February 24, 2014.
  • "Shut Out: The Dispute Over Media Access Rights in High School and College Sports," 7 DePaul J. Sports L & Contemp. Probs. 1, 2010.
  • "Orphan Works: Tapping a Resource of Strip Mining," News Photographer, August 2008.

Selected Representative Experience


Brandon Darby, Appellant v. The New York Times Company and James C. McKinley, Jr.
Successfully defended the appeal of a defamation summary judgment ruling in our clients' favor after plaintiff, a former activist and FBI informant, sued our clients, The New York Times and one of its reporters, for $187 million dollars for an article written about an arson at the Texas Governor’s Mansion that mentioned the plaintiff’s relationship, as an FBI undercover informant, to two activists who were convicted for their actions at the 2008 Republican National Convention. We filed a motion for summary judgment asserting the statements made were not capable of a defamatory meaning, were true or substantially true, privileged and plaintiff was a public figure and could not establish actual malice. After a hearing on our motion for summary judgment, and before any depositions had been taken, the court granted defendants’ motion and dismissed the case in its entirety. The plaintiff appealed and the Court of Appeals for the Seventh District of Texas at Amarillo affirmed on the grounds of actual malice.

Steven Busti v. Platinum Studios, Scott Mitchell Rosenberg; Universal Studios, Inc., d/b/a Universal Pictures; and Dreamworks II Distribution Co., LLC, Cause No. A-11-CA-1029-SS (W.D. Texas), appeal at No. 13-50938 (5th Cir. 2013)
Plaintiff claimed that Cowboys and Aliens (the film and graphic novel) violated the copyright of his eleven-page comic of the same name, which he self-published in 1994. After we filed a motion for summary judgment, the court awarded summary judgment in favor of the defendants, finding there was independent creation, no access, no factual copying, and no substantial similarity. After appealing to the U.S. Court of Appeals, Fifth Circuit, Plaintiff dropped his appeal.

KTRK Television, Inc. v. Theaola Robinson, Cause No. 01-12-00372-CV; in the First Court of Appeals, Houston, TX
Represented a television station in a libel per se action brought in response to the station's true reports on the closing of a local charter school due to (among other things) a lack of adequate funds and allegations of financial mismanagement and failure to properly account for state funds. Finding that the station had not accused the plaintiff, the former superintendent of the school, of any criminal activity and that the broadcasts were true, the court of appeals reversed the trial court's denial of the station's Anti-SLAPP Motion and dismissed the case against the station. The court also held that one cannot rely upon third-party user generated content to establish a defamation per se claim.

Memberships

  • Bexar County Women’s Bar Association
  • San Antonio Bar Association
  • American Bar Association Forum on Communications Law
  • National Press Photographers Association

Online Publications

02/25/2014 - Law360 Guest Article: Using Images From Social Media: 3 Lessons From AFP Case
Can organizations take images from a social media site and use them elsewhere without asking permission? Over a year ago, a federal judge in the Southern District of New York said "no," and in November, a jury awarded the photographer in that case $1.22 million for the infringing use. The verdict should ring alarm bells to media companies — and any company that uses images — about the potential pitfalls of relying on social media as a source for images.

12/16/2013 - The IP Beacon, December 2013
The IP Beacon is a Haynes and Boone Newsletter highlighting current issues in Intellectual Property Law.

01/01/2010 - Shut Out: The Dispute Over Media Access Rights in High School and College Sports
The 2007 Illinois state high school football championship game was a shut-out - of news photographers.