Robert W. Clarida

March 18, 2021 | New York Law Journal

In this edition of their Copyright Law column, Robert W. Clarida and Robert J. Bernstein discuss two cases that demonstrate that proving the copyright owner's intent in the absence of a written agreement—and in the face of strenuous disagreement by the copyright owner—can present a difficult evidentiary challenge for defendants.

By Robert W. Clarida and Robert J. Bernstein

8 minute read

January 14, 2021 | New York Law Journal

Copyright Law columnists Robert J. Bernstein and Robert W. Clarida discuss the Ninth Circuit's recent decision in 'Dr. Seuss Enterprises, L.P. v. ComicMix', in which the court held that ComicMix's illustrated book combining elements of several Dr. Seuss children's books with characters, themes and other features of the popular sci-fi series Star Trek was not a fair use of the Seuss material from which it had admittedly been "slavishly" copied.

By Robert J. Bernstein and Robert W. Clarida

10 minute read

November 19, 2020 | New York Law Journal

Is a state law claim for unauthorized commercial use of an individual's name, voice or likeness—i.e., a right of publicity (ROP) claim—preempted by the federal Copyright Act, when the defendant violates the ROP by reproducing or otherwise exploiting a copyrighted work that embodies such name/voice/likeness? In this edition of their Copyright Law column, Robert W. Clarida and Robert J. Bernstein examine a recent case that addressed this issue.

By Robert W. Clarida and Robert J. Bernstein

9 minute read

September 17, 2020 | New York Law Journal

The U.S. Court of Appeals for the Ninth Circuit held that materials taken from an autobiography of Tommy DeVito (DeVito), an original member of the The Four Seasons (the band), and used in "Jersey Boys" (the musical), a Broadway musical depicting the band's history and hits, comprised facts and other noncopyrightable expression.

By Robert J. Bernstein and Robert W. Clarida

7 minute read

July 23, 2020 | New York Law Journal

Robert W. Clarida and Robert J. Bernstein discuss whether recording artists who transferred their rights to record labels through so called "loan-out" companies are entitled to any termination rights at all under Section 203 of the Copyright Act.

By Robert W. Clarida and Robert J. Bernstein

8 minute read

May 14, 2020 | New York Law Journal

In their Copyright Law column Robert J. Bernstein and Robert W. Clarida discuss 'Georgia v. Public.Resource.Org', in which the U.S. Supreme Court held that, under the "government edicts doctrine," the annotations contained in the Official Code of Georgia Annotated were not copyrightable.

By Robert J. Bernstein and Robert W. Clarida

9 minute read

March 19, 2020 | New York Law Journal

For the past five years, the copyright bar and the music industry have carefully followed the many twists and turns of 'Skidmore v. Led Zeppelin', a potentially monumental infringement case. On March 9, 2020, a unanimous en banc panel of the Ninth Circuit resolved some thorny issues involving substantial similarity and copyright scope that will be important for future litigants. In their Copyright Law column, Robert W. Clarida and Robert J. Bernstein review some of the main takeaways from decision.

By Robert W. Clarida and Robert J. Bernstein

9 minute read

January 29, 2020 | New York Law Journal

In their Copyright Law column, Robert J. Bernstein and Robert W. Clarida discuss infringement litigation stemming from the "Fearless Girl" statue, specifically that a replica and photographs of the statue were being used in Australia for purposes explicitly prohibited by the copyright license agreement.

By Robert J. Bernstein and Robert W. Clarida

7 minute read

December 03, 2019 | New York Law Journal

It's a common fact pattern: A songwriter alleges that another songwriter has infringed the lyrics of Song A by using a similar short phrase, frequently a current slang phrase, in the lyrics of Song B. With this context, Robert W. Clarida and Robert J. Bernstein discuss the recent Ninth Circuit decision in 'Hall v. Swift' in this month's edition of their Copyright Law column.

By Robert W. Clarida and Robert J. Bernstein

9 minute read

September 19, 2019 | New York Law Journal

On July 1, 2019, the U.S. District Court Judge John Koetl for the Southern District of New York held that a series of silkscreen paintings and prints by Andy Warhol based on a photograph of the rock star Prince taken by Lynn Goldsmith constituted a transformative and fair use. In their Copyright Law column, Robert J. Bernstein and Robert W. Clarida discuss the decision, which will be appealed to the Second Circuit.

By Robert J. Bernstein and Robert W. Clarida

11 minute read