Robert W. Clarida

October 20, 2014 | New York Law Journal

In their Copyright Law column, Robert J. Bernstein and Robert W. Clarida analyze a recent decision in which Southern District Judge Thomas P. Griesa, weighing the alleged re-creation of three scenes from the infamous pornographic film "Deep Throat" as part of a 2013 film, "Lovelace," produced by The Weinstein Company, upheld the defense of fair use and granted Weinstein's motion for judgment on the pleadings.

By Robert J. Bernstein and Robert W. Clarida

13 minute read

August 21, 2014 | New York Law Journal

In their Copyright Law column, Robert W. Clarida and Robert J. Bernstein write: What do cheerleading uniforms and laminated faux-maple flooring have in common? Both have recently been the subject of dubious rulings about the copyrightability of useful articles that could, if not reversed, further muddy the already murky doctrinal waters the courts have created around this issue.

By Robert W. Clarida and Robert J. Bernstein

11 minute read

June 20, 2014 | New York Law Journal

In his Copyright Law column, Robert J. Bernstein and Robert W. Clarida analyze 'Authors Guild v. HathiTrust,' in which the Second Circuit joined the Ninth and Fourth Circuits in finding, in appropriate circumstances, that mass digitization to facilitate search may qualify as transformative use even if the original work itself is not changed or placed in a new context that could be considered commentary or scholarship.

By Robert J. Bernstein and Robert W. Clarida

13 minute read

February 19, 2014 | New York Law Journal

In their Copyright Law column, Robert W. Clarida of Reitler, Kailas & Rosenblatt, and Robert J. Bernstein of The Law Office of Robert J. Bernstein write: On Dec. 23, 2013, the Northern District of Illinois delivered a Christmas present for the Sherlock Holmes lovers of the world: Klinger v. Conan Doyle Estate Ltd., a suitably labyrinthine decision that should resolve any lingering mystery about the public domain status of the Sherlock Holmes stories by Sir Arthur Conan Doyle.

By Robert W. Clarida and Robert J. Bernstein

10 minute read

December 20, 2013 | New York Law Journal

In their Copyright Law column, Robert J. Bernstein of The Law Office of Robert J. Bernstein and Robert W. Clarida of Reitler, Kailas & Rosenblatt, review the recent decision 'The Authors Guild v. Google,' which upheld Google's fair use defense in relation to the company's Google Books library project.

By Robert J. Bernstein and Robert W. Clarida

11 minute read

July 10, 1999 | Law.com

The Copyright Office recently issued a guide to registration of copyright in Web sites and other online works, Circular 66. This article summarizes the new policies and procedures.

By Robert W. Clarida

4 minute read

August 06, 1999 | Law.com

This paper examines the terms of the "Sonny Bono Copyright Term Extension Act," Public Law 105-298, which extends copyright protection in the United States by 20 years. The changes bring U.S. law into line with European standards. The Act's provisions are available to all works still in their initial or renewal term of copyright as of October 27, 1998, the effective date of the amendments, but works that have already fallen into the public domain are not revived.

By Robert W. Clarida

4 minute read

July 20, 2012 | New York Law Journal

In their Copyright Law column, Reitler, Kailas & Rosenblatt partner Robert W. Clarida and Robert J. Bernstein of The Law Office of Robert J. Bernstein write: A recent Seventh Circuit decision breaks some interesting procedural ground by allowing a copyright defendant to assert - and prevail on - a fair use defense by way of a dismissal motion under Rule 12(b)(6). The decision underscores the dispositive role of comparing the works themselves, and confirms that where the court can make such a comparison it need not wait for any particular procedural juncture to resolve the fair use question.

By Robert W. Clarida and Robert J. Bernstein

10 minute read

October 16, 2013 | New York Law Journal

In their Copyright Law column, Robert W. Clarida of Reitler, Kailas & Rosenblatt and Robert J. Bernstein of The Law Office of Robert J. Bernstein analyze a recent decision in which the Second Circuit answered a novel question on the application of copyright to pleadings filed with the courts and articulated larger principles about the limits and purposes of copyright, and an expansive application of the doctrine of implied licenses, that could have broader application.

By Robert W. Clarida and Robert J. Bernstein

8 minute read

May 21, 1999 | Law.com

When and how do artistic collaborators become joint authors? This question was recently addressed by the Second Circuit in Thomson v. Larson, a dispute over authorship of the Broadway hit musical "Rent." This paper examines the issues that should be specifically addressed in any collaboration agreement -- whether the parties intend their collaboration to be considered a joint work or not.

By Robert W. Clarida

4 minute read