Robert W. Clarida

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

November 16, 2007 | Law.com

It isn't often that a federal court of appeals throws a grave constitutional shadow over a substantive provision of the Copyright Act. In fact, until the Tenth Circuit's recent decision in Golan v. Gonzales, it had never happened before.

By Robert W. Clarida and Robert Jay Bernstein

12 minute read

July 15, 2005 | New York Law Journal

Robert Jay Bernstein, of the Law Office of Robert J. Bernstein, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, analyze a recent U.S. Supreme Court ruling on the liability of certain Internet services and software providers for acts of copyright infringement committed by their users, mainly young music and movie fans who exchange copyrighted works through so-called peer-to-peer networks.

By Robert Jay Bernstein and Robert W. Clarida

14 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