Bernstein

November 18, 2005 | New York Law Journal

Robert J. Bernstein, who practices law in New York City, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, review recent decisions on the incorporation of pre-existing expression into new works. These often entertaining decisions confirm that the fair use doctrine allows judges enormous freedom to give effect to their own tastes and opinions about the social benefits of various forms of expression.

By Robert J. Bernstein and Robert W. Clarida

12 minute read

August 25, 2008 | The Legal Intelligencer

On July 8, Gov. Edward G. Rendell signed House Bill 2179, now known as Act 2008-56, which repeals much of Pennsylvania's "Mortgage Bankers and Brokers and Consumer Equity Protection Act" ("MBBA") and all of Pennsylvania's "Secondary Mortgage Loan Act" ("S

By Leonard bernstein and Barbara S. Mishkin

9 minute read

September 21, 2007 | New York Law Journal

Robert Jay Bernstein, who practices with The Law Office of Robert Jay Bernstein, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, write that while the fortunate few may be listing their yachts on one of the competing databases run by the parties to BUC v. Yacht Council, the rest of us can appreciate the court's balancing of the two main issues arising in compilation cases: (i) copyrightability; and (ii) the scope of protection.

By Robert Jay Bernstein and Robert W. Clarida

14 minute read

March 20, 2009 | New York Law Journal

Robert J. Bernstein, a practitioner in New York City, writes: The text-to-speech function of the new Kindle has been met with considerable resistance on the part of some authors and publishers, who felt they did not receive their share of the value added to Kindle 2 by the inclusion of audio. But it is one thing to seek a "fair share" of added value from a new use, and quite another to establish that the new use is a violation of copyright.

By Robert J. Bernstein

10 minute read

May 15, 2003 | New York Law Journal

By Robert J. Bernstein And Robert W. Clarida

13 minute read

October 12, 2007 | New Jersey Law Journal

Legal commentators have suggested that the Weiss decision might portend an era in which the insurance industry will face a new wave of RICO claims and treble-damage awards in New Jersey and possibly elsewhere. For at least three reasons, however, the "wave" in New Jersey will likely be a small one.

By Michael Bernstein and Jeffrey Winn

5 minute read

July 16, 2004 | New York Law Journal

Robert J. Bernstein, of the Law Office of Robert J. Bernstein, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, write that an unrelenting enforcement strategy may take a serious bite or two out of profits.

By Robert J. Bernstein and Robert W. Clarida

13 minute read

January 20, 2006 | New York Law Journal

Robert J. Bernstein, an attorney and past president of the Copyright Society of the U.S.A., and Robert W. Clarida, a partner in Cowan, Liebowitz & Latman, write that the Ninth Circuit recently issued a decision of great moment to the future of Winnie-the-Pooh, Christopher Robin, Tigger and other creations of Alan Alexander Milne in his beloved, and enormously profitable, series of children's books.

By Robert J. Bernstein And Robert W. Clarida

13 minute read

May 15, 2009 | New York Law Journal

New York practitioner Robert J. Bernstein and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, write that United States Supreme Court Justice David H. Souter's decision to forego the remainder of his lifetime appointment to the U.S. Supreme Court, and President Barack Obama's search for suitable nominees, have heightened public interest in issues of constitutional interpretation. It is therefore fitting, they note, that this month's column examines a case at the crossroads of the Copyright Clause and the First Amendment.

By Robert J. Bernstein and Robert W. Clarida

13 minute read

November 19, 2007 | Law.com

The 3rd Circuit recently held that a group disability insurer, subject to ERISA, which had denied a beneficiary's claim, could also be sued for RICO civil violations, thereby being subject to treble damages. Some have suggested that the decision might portend a wave of RICO claims against insurers and treble-damage awards in New Jersey, and possibly elsewhere. Attorneys Michael Bernstein and Jeffrey Winn give three reasons why they believe that any such "wave" in New Jersey will be a small one.

By Michael Bernstein and Jeffrey Winn

5 minute read