Media, Entertainment and First Amendment Newsletter, July 2016

July 14, 2016

View a PDF of the July 2016 edition of the Haynes and Boone Media, Entertainment and First Amendment newsletter.

Supreme Court Provides Guidance To District Courts When Determining Attorneys' Fees in Copyright Cases

This term, the Supreme Court unanimously held that district courts should give "substantial weight" to the objective reasonableness of the losing party's litigating position when determining whether to award attorneys' fees in copyright cases. The Court cautioned, however, that "substantial" does not mean "dispositive," and that while objective reasonableness is the most important factor in deciding whether to award fees, courts must also consider all other relevant factors in such determinations. 
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Three Texas Supreme Court Decisions Affecting Media Companies (and others who have been SLAPP-ed)

The Texas Supreme Court has recently issued three important First Amendment decisions that help clarify First Amendment and TCPA jurisprudence, addressing reports of official proceedings, the actual malice standard for public officials, and the standard for attorneys' fees.
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Google Beats Oracle's $8.8 Billion Damages Claim after Jury Finds Fair Use

Six years after Oracle first accused Google's popular Android platform of infringing Oracle's copyrights in Java application programming interfaces, a Northern District of California jury found that Google's copying constituted fair use.
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