Bernstein

March 18, 2021 | New York Law Journal

In this edition of their Copyright Law column, Robert W. Clarida and Robert J. Bernstein discuss two cases that demonstrate that proving the copyright owner's intent in the absence of a written agreement—and in the face of strenuous disagreement by the copyright owner—can present a difficult evidentiary challenge for defendants.

By Robert W. Clarida and Robert J. Bernstein

8 minute read

January 14, 2021 | New York Law Journal

Copyright Law columnists Robert J. Bernstein and Robert W. Clarida discuss the Ninth Circuit's recent decision in 'Dr. Seuss Enterprises, L.P. v. ComicMix', in which the court held that ComicMix's illustrated book combining elements of several Dr. Seuss children's books with characters, themes and other features of the popular sci-fi series Star Trek was not a fair use of the Seuss material from which it had admittedly been "slavishly" copied.

By Robert J. Bernstein and Robert W. Clarida

10 minute read

November 19, 2020 | New York Law Journal

Is a state law claim for unauthorized commercial use of an individual's name, voice or likeness—i.e., a right of publicity (ROP) claim—preempted by the federal Copyright Act, when the defendant violates the ROP by reproducing or otherwise exploiting a copyrighted work that embodies such name/voice/likeness? In this edition of their Copyright Law column, Robert W. Clarida and Robert J. Bernstein examine a recent case that addressed this issue.

By Robert W. Clarida and Robert J. Bernstein

9 minute read

November 16, 2020 | New York Law Journal

The 200 Amsterdam case, in which the lower court ordered an unspecified number of already constructed floors of an Upper West Side skyscraper torn down, could undermine real estate investor confidence for a long time to come at a time when we desperately need jobs and a future tax base for the city.

By Zachary Bernstein

3 minute read

October 19, 2020 | New York Law Journal

The COVID-19 pandemic and the incentive for businesses to limit their exposure are leading to widespread use of COVID-specific liability waivers. But in New York State, the enforceability of these waivers—even those not related to COVID-19—are far from bullet proof and depend on a wide array of factors.

By Danielle J. Marlow and Lauren Bernstein

11 minute read

September 17, 2020 | New York Law Journal

The U.S. Court of Appeals for the Ninth Circuit held that materials taken from an autobiography of Tommy DeVito (DeVito), an original member of the The Four Seasons (the band), and used in "Jersey Boys" (the musical), a Broadway musical depicting the band's history and hits, comprised facts and other noncopyrightable expression.

By Robert J. Bernstein and Robert W. Clarida

7 minute read

July 23, 2020 | New York Law Journal

Robert W. Clarida and Robert J. Bernstein discuss whether recording artists who transferred their rights to record labels through so called "loan-out" companies are entitled to any termination rights at all under Section 203 of the Copyright Act.

By Robert W. Clarida and Robert J. Bernstein

8 minute read

May 20, 2020 | New Jersey Law Journal

Every New Jersey family is experiencing parenting issues during the coronavirus crisis. It is important to be aware of your options and how the court is handling these fluid and constantly changing issues.

By Jan L. Bernstein and Gregory L. Grossman

10 minute read

May 14, 2020 | New York Law Journal

In their Copyright Law column Robert J. Bernstein and Robert W. Clarida discuss 'Georgia v. Public.Resource.Org', in which the U.S. Supreme Court held that, under the "government edicts doctrine," the annotations contained in the Official Code of Georgia Annotated were not copyrightable.

By Robert J. Bernstein and Robert W. Clarida

9 minute read

April 03, 2020 | New York Law Journal

The decision will likely stem the tide of securities class actions being filed in state court following the U.S. Supreme Court's decision in 'Cyan', and may serve as a roadmap for proponents of arbitration clauses for securities litigation in corporate charters.

By Rollo Baker and Jesse Bernstein

9 minute read