Barry Werbin

March 22, 2024 | New York Law Journal

Creators using generative AI without meaningful human contributions should presume that the resulting content will not be protected by copyright, apart from potential compilation protection. The prospect of Congress legislating in this area in the near- to mid-term future is low.

By Barry Werbin

8 minute read

January 15, 2021 | New York Law Journal

Barry Werbin, Chair of the Entertainment, Arts and Sports Law Section, describes the section's efforts to address critical issues that affected the industries.

By Barry Werbin, Chair, Entertainment, Arts and Sports Law Section

3 minute read

January 20, 2015 | New York Law Journal

Barry Werbin of Herrick, Feinstein writes: The U.S. Court of Appeals for the Seventh Circuit recently put the brakes on more than two decades of widespread judicial application of the "transformative use" test in assessing a fair use defense to infringement under §107 of the Copyright Act.

By Barry Werbin

18 minute read

January 17, 2015 | New York Law Journal

Barry Werbin of Herrick, Feinstein writes: The U.S. Court of Appeals for the Seventh Circuit recently put the brakes on more than two decades of widespread judicial application of the "transformative use" test in assessing a fair use defense to infringement under §107 of the Copyright Act.

By Barry Werbin

18 minute read

November 28, 2001 | Law.com

Terms of use posted on Web sites purport to have the force of binding contracts that define the Web site policies and restrictions imposed by the site owner. Yet many of these on-line agreements lack the traditional contract requirement of enabling a firm offer and acceptance. Web site operators need to be extra vigilant to ensure that any posted license or terms of use will be upheld in the event of a dispute.

By Barry Werbin

16 minute read