Bernstein

September 23, 2005 | Law.com

The question of what is, and is not, protectable in photographs has long vexed the courts. Judge Lewis A. Kaplan of the Southern District of New York recently issued a thoughtful analysis of the nature of creativity in, and the resulting level of protection for, different genres of photography and their constituent elements. This led Kaplan to a more widely applicable discussion of whether the "idea/expression dichotomy" is useful when considering the copyrightability of works of visual art.

By Robert Jay Bernstein and Robert W. Clarida

12 minute read

July 31, 2006 | New Jersey Law Journal

A gift card or gift certificate given to a New Jersey recipient now must retain full, unused value until presented, subject to the exceptions stated below. If an exception is to apply, the exception must be disclosed at the time of purchase.

By Leonard A. Bernstein

7 minute read

March 18, 2011 | New York Law Journal

In their Copyright Law column, Robert W. Clarida, a partner with Cowan, Liebowitz & Latman, and Robert J. Bernstein of The Law Office of Robert J. Bernstein discuss the unusually aggressive copyright positions three disparate entities have taken against people (like photographers, festival attendees and patients) who dare to feature or refer to them in works of authorship.

By Robert W. Clarida and Robert J. Bernstein

12 minute read

July 15, 2011 | New York Law Journal

In their Copyright Law column, Robert W. Clarida of Cowan, Liebowitz & Latman and solo practitioner Robert J. Bernstein write that the 1976 Copyright Act aimed to eliminate state law protection "equivalent" to federal copyright, but, to put it mildly, the goal of national uniformity has not been perfectly realized, and preemption cases are notoriously inconsistent.

By Robert W. Clarida and Robert J. Bernstein

11 minute read

May 20, 2011 | New York Law Journal

In his Copyright Law column, Robert J. Bernstein from The Law Office of Robert J. Bernstein discusses how a recent ruling against an artist who incorporated many of a photographer's images in a derivative work was a resounding defeat of an attempt to portray appropriation art in general as fair use and weighs in on the chance that the Second Circuit will give artists more "breathing space," with some limitations.

By Robert J. Bernstein

15 minute read

September 16, 2011 | New York Law Journal

In their Copyright Law column, Robert J. Bernstein, who practices in The Law Office of Robert J. Bernstein, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, write that the Copyright Act, in making unauthorized importation under �602(a) actionable as an infringement of the �106(3) distribution right, also arguably makes such importation subject to �109(a)'s "first sale" limitation on that right. This ambiguity, they say, has led to a series of decisions seeking to reconcile the three statutory provisions.

By Robert J. Bernstein and Robert W. Clarida

12 minute read

September 15, 2006 | New York Law Journal

Robert J. Bernstein, who practices law in New York City, and Robert W. Clarida, a partner in Cowan, Liebowitz & Latman, write that there is a whole body of state law (beyond the scope of this article) that might protect a screenwriter's ideas if they are communicated, for example, in the context of a contractual or fiduciary relationship involving rights not preempted by the Copyright Act.

By Robert J. Bernstein and Robert W. Clarida

12 minute read

September 26, 2011 | New York Law Journal

Clement J. Farley, Scott H. Bernstein and Natalya G. Johnson of McCarter & English discuss the Marcal Paper Mills Inc. decision in the U.S. Court of Appeals for the Third Circuit, which contradicts rulings by other courts relating to withdrawal liability, and how it will impact bankruptcy planning in a myriad of ways.

By Clement J. Farley, Scott H. Bernstein and Natalya G. Johnson

10 minute read

July 18, 2002 | New York Law Journal

I N ITS NEXT TERM , the Supreme Court will review the 2001 decision of the D. C. Circuit in Eldred v. Reno (now styled Eldred v. Ashcroft ) ( "Eldred" ), 1 which upheld the constitutionality of the Copyright Term Extension Act of 1988 (CTEA). The Supreme Court decision in Eldred is expected to set the standard for the exercise of congressional discretion under the Copyright Clause of the Constitution and to determine, in the context of the duration of copyright protection, whether First Amendment considerat

By David Goldberg And Robert J. Bernstein

11 minute read

December 26, 2006 | The Legal Intelligencer

One young Mexican woman tearfully explained in a meeting in Philadelphia, I am lost. I came here when I was 5. My parents are not here. I have not seen them in many years. I live with my 28-year-old brother and four other siblings. I did well in school. I no longer speak Spanish; I cannot return to Mexico - this is my home. But I can't get a Social Security card or go to college. I am lost.

By Judith Bernstein-Baker

5 minute read