Bernstein

January 17, 2002 | New York Law Journal

W ithin the last year, the Second and Fifth Circuits have addressed variations of a difficult question: In what circumstances it is appropriate to permit an infringement action based on works created or adopted by non-federal governmental entities, specifically (i) a series of tax maps created by a county agency as the basis for assessments; and (ii) privately created model building codes adopted by state subdivisions as their own building codes?

By Robert J. Bernstein And Robert W. Clarida

9 minute read

March 18, 2005 | New York Law Journal

Robert J. Bernstein, an attorney in New York City and the immediate past president of the Copyright Society of the USA, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, write that every state recognizes the right of individuals to prevent the unauthorized use of their names and likenesses for commercial purposes. Some states, including New York, consider this a civil right similar to the right of privacy, but elsewhere the concept is termed a "right of publicity."

By Robert J. Bernstein And Robert W. Clarida

13 minute read

March 10, 2003 | The Legal Intelligencer

The Frye challenge to expert testimony has become one of the most confusing areas of Pennsylvania law. The appellate decisions in Blum v. Merrell Dow, for which the bar expectantly waited, did little to clarify this area of law. Superior Court ...

By Mark Bernstein Special to the Law Weekly

14 minute read

May 16, 2008 | New York Law Journal

Robert J. Bernstein and Robert W. Clarida write that three district courts have recently considered whether a work should be considered to be "derivative" within the meaning of �101 of the 1976 Copyright Act. Although in each case the issue was raised in the context of photographs of three dimensional objects, the determination of whether a work is "derivative" and the consequences of that determination are broadly applicable across the spectrum of copyrightable subject matter.

By Robert J. Bernstein and Robert W. Clarida

16 minute read

January 17, 2008 | New York Law Journal

Robert Jay Bernstein, a practitioner in The Law Office of Robert J. Bernstein, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, write that absent reconsideration, a number of thorny issues will await the parties in In Re: Literary Works Electronic Databases Copyright Litigation on remand, including whether freelancers may register their works now and then join a new class consisting only of registered copyright holders.

By Robert J. Bernstein and Robert W. Clarida

16 minute read

January 15, 2010 | New York Law Journal

Robert J. Bernstein, a partner at The Law Office of Robert J. Bernstein, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, discuss two recent Southern District cases which reluctantly held that dicta in the Supreme Court's holding in Quality King "required" rejection of the first sale doctrine when raised as a defense to the unauthorized importation of foreign-made goods; and a Ninth Circuit decision which embraced that interpretation as consistent with its own precedent and "not irreconcilable" with the Quality King dicta. A pending petition for certiorari in Omega may give the Supreme Court an opportunity to revisit its dicta in Quality King and to rule directly on the applicability of the first sale doctrine to goods manufactured abroad.

By Robert J. Bernstein and Robert W. Clarida

11 minute read

March 17, 2006 | New York Law Journal

Robert J. Bernstein, an attorney, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, write that the U.S. Copyright Office issued a Notice of Inquiry last year regarding the issue of "orphan works," copyrighted works whose owners are difficult or impossible to locate. As a result, the public is denied the benefit of access to these works, even though in the vast majority of cases there is no copyright owner who would object to their use.

By Robert J. Bernstein and Robert W. Clarida

11 minute read

May 21, 2010 | New York Law Journal

In their Copyright Law column, Robert J. Bernstein of The Law Office of Robert J. Bernstein and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, write that the obstacles facing a plaintiff seeking injunctive relief in fair use cases have not merely numerically doubled, with the decision in Salinger v. Colting calling for the application of a second four-factor test; they have been heightened by the Supreme Court's admonition against the application of any presumption of irreparable harm.

By Robert J. Bernstein and Robert W. Clarida

14 minute read

September 27, 2002 | New Jersey Law Journal

If multijurisdictional practice ever takes hold, New Jersey real estate lawyers have a lot to learn before crossing the Hudson.

By Cliff Bernstein and Harry Hayes

12 minute read

July 27, 2005 | Law.com

Case law respecting the application of federal labor and employment law to foreign business operations and employees is unclear and relatively immature. The Supreme Court further muddied the waters in Spector v. Norwegian Cruise Line Ltd., say Robert Bernstein and Gregory Reilly. In our increasing global economy, this case reflects the complex and changing issues facing our courts in not only addressing international tax and corporate issues, but also developing labor and employment laws.

By Robert H. Bernstein and Gregory B. Reilly

9 minute read