Robert W. Clarida

Robert W. Clarida is a partner in the New York law firm of Reitler, Kailas & Rosenblatt LLC and the author of the treatise Copyright Law Deskbook (BNA). He is co-presenter, with Thomas Kjellberg, of “Recent Developments in Copyright,” a review of copyright decisions delivered each year at the annual meeting of the Copyright Society of the U.S.A., and is a past Trustee of the Copyright Society, a past Board member of the American Intellectual Property Law Association and former chair of the Copyright and Literary Property Committee of the Association of the Bar of the City of New York.

May 24, 2019 | The Recorder

'Mash-Up' of Dr. Seuss and Star Trek Held Fair Use

In Dr. Seuss Enterprises v. ComicMix, the Southern District of California granted summary judgment to defendants, affirming its prior findings that a ComicMix illustrated book combining elements of several Seuss children's books with characters, themes and other features of the popular sci-fi series Star Trek was a non-infringing fair use of the Seuss material from which it had admittedly been “slavishly” copied.

By Robert W. Clarida and Robert J. Bernstein

8 minute read

May 24, 2019 | New York Law Journal

'Mash-Up' of Dr. Seuss and Star Trek Held Fair Use

In their Copyright Law column, Robert Clarida and Robert Bernstein discuss Dr. Seuss Enterprises v. ComicMix, where the Southern District of California granted summary judgment to defendants, affirming its prior findings that a ComicMix illustrated book combining elements of several Seuss children's books with characters, themes and other features of the popular sci-fi series Star Trek was a non-infringing fair use of the Seuss material from which it had admittedly been “slavishly” copied.

By Robert W. Clarida and Robert J. Bernstein

8 minute read

March 14, 2019 | New York Law Journal

Supreme Court Reaffirms Prior Registration Requirement for Infringement Actions

Copyright Law columnists Robert J. Bernstein and Robert W. Clarida discuss 'Fourth Estate Public Benefit v. Wall-Street.com, et al.', one of two recent, unanimous Supreme Court opinions construing provisions of the Copyright Act relating to procedural requirements for commencing infringement actions and interpreting the term “full costs” in awarding them to the prevailing party.

By Robert J. Bernstein and Robert W. Clarida

8 minute read

January 30, 2019 | New York Law Journal

Second Circuit Affirms 'ReDigi': No 'Resale' of Digital Music Files

Copyright Law columnists Robert Clarida and Robert Bernstein discuss the Second Circuit's long-awaited ruling in 'Capitol Records v. ReDigi,' a case that raised issues of first impression concerning first sale and fair use in the age of digital music distribution.

By Robert W. Clarida and Robert J. Bernstein

7 minute read

November 29, 2018 | New York Law Journal

'Stairway to Heaven' Descends on Remand

Copyright Law columnists Robert J. Bernstein and Robert W. Clarida write: The journey to final judgment has gotten decidedly longer for the rock group Led Zeppelin. On Sept. 28, 2018, the U.S. Court of Appeals for the Ninth Circuit vacated the district court judgment dismissing a claim of infringement against the band's iconic hit “Stairway to Heaven," following a jury verdict in the band's favor based on the jury's finding that the similarities between the songs did not concern copyrightable material.

By Robert J. Bernstein and Robert W. Clarida

10 minute read

September 20, 2018 | New York Law Journal

Fair Use, First Sale and Marilyn Monroe

Copyright Law columnists Robert W. Clarida and Robert J. Bernstein write: On July 20, the Southern District of New York resolved a question that neither the Southern District nor the Second Circuit had ever squarely faced: Can the lawful owner of an art object create and post a photograph of that object in connection with the sale of the object through an online platform such as eBay, without the permission of the owner of copyright in the object?

By Robert W. Clarida and Robert J. Bernstein

8 minute read

July 26, 2018 | New York Law Journal

'Blurred Lines' Verdict Affirmed: Has the Sky Fallen?

Now that a divided panel of the U.S. Court of Appeals for the Ninth Circuit has issued an amended opinion affirming the denial of a new trial motion and an order denying rehearing en banc in Williams v. Gaye.

By Robert J. Bernstein and Robert W. Clarida

1 minute read

May 18, 2018 | New York Law Journal

Fair Use Verdict Reversed in 'Oracle v. Google'

Copyright Law columnists Robert W. Clarida and Robert J. Bernstein discuss 'Oracle America v. Google', writing: With a third jury trial ahead and the stakes for both parties high enough to justify further appeals, the case is far from over.

By Robert W. Clarida and Robert J. Bernstein

8 minute read

January 18, 2018 | New York Law Journal

Fair Use of a Rap on Jazz

Copyright Law columnists Robert W. Clarida and Robert J. Bernstein write: Although not providing guidance on fair use of musical quotations by or from jazz musicians, the decision in 'Estate of Smith v. Cash Money Records' is of interest for both its treatment of Drake's lengthy re-contextualization of Smith's commentary and its relatively rare, even if tangential, application to a jazz recording.

By Robert W. Clarida and Robert J. Bernstein

9 minute read

October 17, 2017 | New York Law Journal

Dr. Seuss 'Transformed': Fair Use or Abuse or Both?

In their Copyright Law column, Robert J. Bernstein and Robert W. Clarida discuss a recent decision which upheld the fair use defense with regard to "How the Grinch Stole Christmas" and dismissed the copyright infringement and other counterclaims with prejudice.

By Robert J. Bernstein and Robert W. Clarida

9 minute read

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