Robert J Bernstein

October 21, 2016 | New York Law Journal

Copyright Law columnists Robert J. Bernstein and Robert W. Clarida examine the law of statutory damages, in light of the Ninth Circuit's decision in 'Friedman v. Live Nation Merchandise', which considered, inter alia, two issues greatly affecting the amount of statutory damages: willfulness, and the number of separate awards available for downstream infringements.

By Robert J. Bernstein and Robert W. Clarida

23 minute read

August 16, 2016 | New York Law Journal

In their Copyright Law column, Robert W. Clarida and Robert J. Bernstein discuss 'Kirtsaeng v. John Wiley & Sons,' a case that has earned a previously unprecedented second trip to the Supreme Court for review of the standards for awarding attorney fees to prevailing parties in copyright cases.

By Robert W. Clarida and Robert J. Bernstein

19 minute read

June 15, 2016 | New York Law Journal

In their Copyright Law column, Robert J. Bernstein and Robert W. Clarida write that on June 2, the Ninth Circuit held that a 0.23 second sample from a sound recording of three horns simultaneously playing the notes of a chord did not meet the de minimis standard for copyright infringement, rejecting the reasoning of the Sixth Circuit in a 2005 decision that any sampling, no matter how brief, was infringing.

By Robert J. Bernstein and Robert W. Clarida

11 minute read

April 20, 2016 | New York Law Journal

In their Copyright Law column, Robert W. Clarida and Robert J. Bernstein write: Although copyright registration is sometimes viewed as a mere formality, inaccurate statements made in registration applications may come back to haunt the plaintiff, as a recent decision showed.

By Robert W. Clarida and Robert J. Bernstein

15 minute read

February 23, 2016 | New York Law Journal

Robert W. Clarida and Robert J. Bernstein discuss a a much-anticipated policy statement from the Commerce Department, "White Paper on Remixes, First Sale and Statutory Damages: Copyright Policy, Creativity, and Innovation in the Digital Economy."

By Robert W. Clarida and Robert J. Bernstein

10 minute read

December 16, 2015 | New York Law Journal

In their Copyright Law column, Robert J. Bernstein and Robert W. Clarida write: In a case of first impression and a victory for "dancing babies" everywhere, the Ninth Circuit recently held in 'Lenz v. Universal Music Corp.' that in order to comply with the "notice and takedown" provisions of the Digital Millennium Copyright Act, the claimant must consider the issue of fair use before serving a notice of alleged infringement.

By Robert J. Bernstein and Robert W. Clarida

10 minute read

December 16, 2015 | New York Law Journal

In their Copyright Law column, Robert J. Bernstein and Robert W. Clarida write: In a case of first impression and a victory for "dancing babies" everywhere, the Ninth Circuit recently held in 'Lenz v. Universal Music Corp.' that in order to comply with the "notice and takedown" provisions of the Digital Millennium Copyright Act, the claimant must consider the issue of fair use before serving a notice of alleged infringement.

By Robert J. Bernstein and Robert W. Clarida

10 minute read

October 26, 2015 | New York Law Journal

In their Copyright Law column, Robert J. Bernstein and Robert W. Clarida write: What emerges from the circuit's thorough review of fair use is the conclusion that the research uses enabled by Google Books serve copyright's ultimate goal to advance knowledge and learning, and are circumscribed so as to avoid market harm to plaintiffs. But equally important, the court emphasized that its analysis was based strictly on its detailed exposition of the facts of record.

By Robert J. Bernstein and Robert W. Clarida

14 minute read

October 25, 2015 | New York Law Journal

In their Copyright Law column, Robert J. Bernstein and Robert W. Clarida write: What emerges from the circuit's thorough review of fair use is the conclusion that the research uses enabled by Google Books serve copyright's ultimate goal to advance knowledge and learning, and are circumscribed so as to avoid market harm to plaintiffs. But equally important, the court emphasized that its analysis was based strictly on its detailed exposition of the facts of record.

By Robert J. Bernstein and Robert W. Clarida

14 minute read

August 27, 2015 | New York Law Journal

In their Copyright Law column, Robert W. Clarida and Robert J. Bernstein write that after the U.S. Supreme Court dealt a devastating blow to Aereo, the streaming service unsuccessfully attempted to stave off the entry of a preliminary injunction by arguing that it should qualify as a "cable system." Last month, however, a copycat technology in California succeeded with the same argument that the Southern District had soundly and somewhat sarcastically rejected in the Aereo remand.

By Robert W. Clarida and Robert J. Bernstein

9 minute read