Robert J Bernstein

May 09, 2008 | Law.com

The efforts of the entertainment industry to stem the infringement of sound recordings and motion pictures on the Internet have been widely reported. More than 20,000 infringement actions have been commenced against individuals, mostly in connection with their use of peer-to-peer ("P2P") services to share recordings with other P2P users. The legal basis for these actions is often misunderstood, however, by commentators -- and sometimes even by the courts. This article discusses several recent P2P cases that deal directly with a central element of most P2P cases, namely the allegation that users violate the plaintiffs' distribution rights under 17 U.S.C. �106 whenever they place a digital recording or video in a "share" folder that other P2P users can access.

By Robert W. Clarida and Robert J. Bernstein

13 minute read

May 19, 2006 | New York Law Journal

Robert J. Bernstein, a New York City practicioner, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, write that the Grateful Dead has inspired generations of musicians, composers and fans. Now it will have another, albeit unintentional, legacy, as the subject of an appellate precedent which strengthened the arsenal of defendants in fair use cases, giving future authors more leeway when using prior works to compose new ones.

By Robert J. Bernstein and Robert W. Clarida

15 minute read

March 22, 2005 | Law.com

Broadly speaking, every state recognizes individuals' right to prevent the unauthorized use of their names and likenesses for commercial purposes. Some states consider this a civil right similar to the right of privacy, but elsewhere the concept is termed a "right of publicity." A recent 7th Circuit decision raises a fascinating issue that has sometimes divided the courts: When and how might the federal Copyright Act pre-empt state causes of action arising from the right of publicity?

By Robert J. Bernstein and Robert W. Clarida

13 minute read

January 21, 2011 | New York Law Journal

In their Copyright Law column, Robert J. Bernstein and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, analyze cases which starkly demonstrate the differing fates that may befall transactions intended by the copyright owner to preserve ownership.

By Robert J. Bernstein and Robert W. Clarida

13 minute read

March 21, 2011 | Legaltech News

What do the following have in common: Grammy-winning pop singer and "fame monster" Lady Gaga, the annual avant-garde Burning Man festival, and a group of physician advocates called Medical Justice? All have recently taken unusually aggressive copyright positions against people who dare to feature or refer to them in works of authorship.

By Robert W. Clarida and Robert J. Bernstein

13 minute read

July 20, 2007 | New York Law Journal

Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, and Robert J. Bernstein, a practitioner in The Law Office of Robert J. Bernstein, review a recent sharply divided opinion from the Ninth Circuit which addressed the potential liability of third parties for on-line copyright infringements by their users--only this time, the third party was not a location service, such as Napster, but the credit card companies that allow customers to purchase infringing content with their cards.

By Robert W. Clarida and Robert J. Bernstein

14 minute read

July 16, 2010 | New York Law Journal

In their Copyright Law column, Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, and solo practitioner Robert J. Bernstein discuss the new developments, and constitutionality of the Copyright Restoration Act with regard to works of foreign origin.

By Robert W. Clarida and Robert J. Bernstein

13 minute read

July 18, 2008 | New York Law Journal

Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, and Robert J. Bernstein, write that it was somewhat unusual to see a recent decision from France in which a group of French copyright owners, suing in Paris over an alleged violation of their reproduction and display rights in France, under French law, were told that the claim was governed instead by U.S. law.

By Robert W. Clarida and Robert J. Bernstein

15 minute read

January 16, 2009 | New York Law Journal

Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, and Robert J. Bernstein, a past president of the Copyright Society of the U.S.A., review recent developments in the ongoing judicial battle over the making-available right. The Copyright Act gives the owner of copyright various exclusive rights in the work, including the right "to distribute copies . . . of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease or lending." The act does not define the word "distribute" but the statute does not by its terms require that distribution must involve or result in a physical copy literally moving from one place to another.

By Robert W. Clarida and Robert J. Bernstein

17 minute read

March 21, 2003 | New York Law Journal

By Robert J. Bernstein And Robert W. Clarida

11 minute read