Robert J Bernstein

March 19, 2003 | New York Law Journal

By Robert J. Bernstein And Robert W. Claridaby robert j. bernstein and robert w. clarida

22 minute read

July 20, 2012 | New York Law Journal

In their Copyright Law column, Reitler, Kailas & Rosenblatt partner Robert W. Clarida and Robert J. Bernstein of The Law Office of Robert J. Bernstein write: A recent Seventh Circuit decision breaks some interesting procedural ground by allowing a copyright defendant to assert - and prevail on - a fair use defense by way of a dismissal motion under Rule 12(b)(6). The decision underscores the dispositive role of comparing the works themselves, and confirms that where the court can make such a comparison it need not wait for any particular procedural juncture to resolve the fair use question.

By Robert W. Clarida and Robert J. Bernstein

10 minute read

October 16, 2013 | New York Law Journal

In their Copyright Law column, Robert W. Clarida of Reitler, Kailas & Rosenblatt and Robert J. Bernstein of The Law Office of Robert J. Bernstein analyze a recent decision in which the Second Circuit answered a novel question on the application of copyright to pleadings filed with the courts and articulated larger principles about the limits and purposes of copyright, and an expansive application of the doctrine of implied licenses, that could have broader application.

By Robert W. Clarida and Robert J. Bernstein

8 minute read

April 17, 2013 | 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 Reitler, Kailas & Rosenblatt, write that a divided U.S. Supreme Court reversed the Second Circuit and held that the 'first sale' defense applies equally to U.S. and foreign-made goods, thereby substantially vitiating the exclusive importation right that copyright owners had relied upon in their territorial licensing practices.

By Robert J. Bernstein and Robert W. Clarida

12 minute read

June 21, 2013 | New York Law Journal

In their Copyright Law column, Robert W. Clarida, a partner at Reitler, Kailas & Rosenblatt, and Robert J. Bernstein, who practices law at The Law Office of Robert J. Bernstein, write that a properly drafted terms of use can provide exclusive rights in the users' individual postings, and even at the more abstract level of compilation copyright a plaintiff like Craigslist should have a strong claim against wholesale scraping.

By Robert W. Clarida and Robert J. Bernstein

10 minute read

November 16, 2012 | New York Law Journal

In their Copyright Law column, Robert W. Clarida, a partner at Reitler, Kailas & Rosenblatt, and Robert J. Bernstein, pricipal at The Law Office of Robert J. Bernstein, analyze a dispute between two religious institutions over an ancient religious writing that raised some very 21st Century intellectual property issues.

By Robert W. Clarida and Robert J. Bernstein

11 minute read

February 20, 2013 | New York Law Journal

In their Copyright Law column, Robert W. Clarida, a partner with Reitler, Kailas & Rosenblatt, and Robert J. Bernstein of The Law Office of Robert J. Bernstein, analyze two recent federal appellate decisions illustrating that infringement claims require not just overall similarity of appearance, but similarity as to the original, protectable elements of plaintiff's work.

By Robert W. Clarida and Robert J. Bernstein

7 minute read

January 20, 2012 | 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, review the Register of Copyrights' recently-issued report recommending that federal copyright protection be expanded to pre-1972 sound recordings without disturbing ownership rights and contracts based on state law.

By Robert J. Bernstein and Robert W. Clarida

11 minute read

May 18, 2012 | 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 Reitler Kailas & Rosenblatt, write that the crux of the dispute concerns whether YouTube qualifies for the safe harbor provision set forth in �512 (c) of the DMCA, 17 U.S.C. �512(c), which requires that an ISP have neither actual nor constructive knowledge of the infringing activity nor the right and ability to control it.

By Robert J. Bernstein and Robert W. Clarida

12 minute read

March 16, 2012 | New York Law Journal

In their Copyright Law column, Robert W. Clarida, a partner at Reitler, Kailas & Rosenblatt, and Robert J. Bernstein, who practices at The Law Office of Robert J. Bernstein, write that the phrase "altering the traditional contours of copyright protection" can no longer be read as a broad, subjective invitation to judicial creativity.

By Robert W. Clarida and Robert J. Bernstein

10 minute read