Robert J Bernstein

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

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

January 27, 2006 | Law.com

The bounty from Alan Alexander Milne's beloved, and enormously profitable, Winnie-the-Pooh books were the subject of a mammoth tug of war between Milne's granddaughter, along with her licensee, the Walt Disney Co., and Stephen Slesinger Inc., the successor to the author's original grant of U.S. merchandising rights. This tale of attempted termination, greed and statutory construction provides an instructive tour of the Copyright Act's often Byzantine provisions governing termination of grants.

By Robert J. Bernstein and Robert W. Clarida

13 minute read

March 19, 2010 | New York Law Journal

Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, and Robert J. Bernstein of The Law Office of Robert J. Bernstein discuss the Muchnick decision and its implications for the litigation and settlement of cases involving both registered and unregistered works.

By Robert W. Clarida and Robert J. Bernstein

13 minute read

September 17, 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 Ninth Circuit recently held that a California right of publicity claim based on the distribution of counterfeit DVDs containing performances of an adult film star was preempted by federal copyright law.

By Robert J. Bernstein and Robert W. Clarida

14 minute read

July 17, 2009 | New York Law Journal

Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, and Robert J. Bernstein, founder of The Law Office of Robert J. Bernstein, review Salinger v. Colting, in which a Southern District judge granted a preliminary injunction to J.D. Salinger in connection with a new book, "60 Years Later: Coming Through the Rye," that claims to be a parody of Mr. Salinger's 1951 classic "The Catcher in the Rye." The decision has sparked controversy among bloggers and commentators, some of whom describe it as a censorious departure from settled copyright law. But the decision relies almost entirely on defendant-friendly precedent such as Campbell v. Acuff-Rose Music and Suntrust Bank v. Houghton-Mifflin Co. in which the courts have famously permitted arguably comparable uses.

By Robert W. Clarida and Robert J. Bernstein

13 minute read

November 18, 2004 | New York Law Journal

Robert J. Bernstein, the immediate past president of the Copyright Society of the USA, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, write that the punitive damages issue need not await a case that "squarely presents" any particular set of facts in any particular procedural posture. The act itself, together with the Supreme Court's clear statement prohibiting nonstatutory remedies for infringement, provides an answer as a matter of law.

By Robert J. Bernstein and Robert W. Clarida

12 minute read

November 20, 2009 | New York Law Journal

Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, and Robert J. Bernstein, a practitioner at The Law Office of Robert J. Bernstein, review a recent reversal from the Seventh Circuit where the court held that a photograph of a copyrighted work need not exhibit a higher level of originality in order to qualify for copyright protection and that the creator of such a derivative work need not obtain separate specific permission to register his or her copyright, over and above the permission required to create the derivative work. The decision represents a giant step away from the Circuit's own previous decision, which may result in greater uniformity among the circuits and greater fidelity to the text of the Copyright Act.

By Robert W. Clarida and Robert J. Bernstein

11 minute read

March 13, 2002 | New York Law Journal

I n a copyright action, where the defendant is unlikely to prevail on the merits, a cost-effective strategy may be found in the offer of judgment provision of the Federal Rules and the costs and attorneys` fees section of the Copyright Act.

By David Goldberg And Robert J. Bernstein

9 minute read