Stephen M Kramarsky

January 14, 2019 | New York Law Journal

Intellectual Property columnist Stephen M. Kramarsky writes: New technologies, and the business models that accompany them, often create challenges for existing law, and nowhere is that friction more evident than where digital content bumps into the federal copyright law intended to regulate it. He discusses a recent Second Circuit case involving an online marketplace for digital used music and other used digital content, which posed such challenges.

By Stephen M. Kramarsky

10 minute read

September 17, 2018 | New York Law Journal

Intellectual Property columnist Stephen M. Kramarsky discusses a case in which the court examined improper use of confidential information for business evaluation.

By Stephen M. Kramarsky

10 minute read

May 21, 2018 | New York Law Journal

Technological advances, for all the good they bring to the world, often bring with them significant challenges for existing legal structures.

By Stephen M. Kramarsky and John Millson

10 minute read

March 19, 2018 | New York Law Journal

Intellectual Property columnist Stephen M. Kramarsky discusses 'Fox News Network v. TVEyes'. As this case makes clear, the boundaries of the fair use doctrine are murky, and even the courts don't always agree about what is permissible.

By Stephen M. Kramarsky

10 minute read

November 20, 2017 | New York Law Journal

In his Intellectual Property column, Stephen M. Kramarsky discusses a recent decision from the Southern District of New York that examines that balance and the scope of a company's duty to protect the sensitive information of its employees and customers.

By Stephen M. Kramarsky

11 minute read

September 18, 2017 | New York Law Journal

In his Intellectual Property column, Stephen M. Kramarsky writes: In a recent case in the Southern District of New York against ride-hailing company Uber and its CEO, the court denied Uber's motion to compel arbitration, holding that its sign-up process did not adequately notify users of its terms of service (which contained the arbitration provision). The Second Circuit's review and vacatur of that decision examines these issues in the context of the "reasonable smartphone user," and it is worth a closer look.

By Stephen M. Kramarsky

21 minute read

July 17, 2017 | New York Law Journal

In his Intellectual Property column, Stephen M. Kramarsky writes: Though once chaotic, the legal environment for sampling (at least in the U.S. music industry) has settled into a well-understood legal regime, with rigorous clearance and licensing practices becoming the industry norm. Nevertheless, as a recent case involving musician Drake shows, there are always edge cases, and litigation does arise. With the meteoric rise of shared and repurposed content in social media and other digital contexts, those cases are likely to be more and more common.

By Stephen M. Kramarsky

10 minute read

May 22, 2017 | New York Law Journal

In his Intellectual Property column, Stephen M. Kramarsky discusses a recent case in which an ISP essentially asked the court to give it legal advice: whether the DMCA applied to it, and whether it was required to respond to certain kinds of DMCA take-down notices. The court grappled with the question of whether it had the power to grant this kind of relief, and its carefully considered opinion provides some interesting insight into the current landscape of copyright protection under the DMCA.

By Stephen M. Kramarsky

19 minute read

March 20, 2017 | New York Law Journal

Stephen M. Kramarsky, a member of Dewey Pegno & Kramarsky, discusses the opinion in 'Jacobus v. Trump', writing: In defamation law, a false statement of fact may be actionable; but a statement of opinion, no matter how offensive, generally is not. The opinion in 'Jacobus' is an excellent example of how complicated that analysis has become in the era of pervasive digital information.

By Stephen M. Kramarsky

15 minute read

January 13, 2017 | New York Law Journal

In his Intellectual Property column, Stephen M. Kramarsky examines a case tackling the issue of digital rights for pre-1972 recordings, writing: 'Flo & Eddie v. Sirius XM Radio' provides an in-depth examination of a complex area of copyright law that rarely gets that kind of treatment, and the policy questions are worth thinking about.

By Stephen M. Kramarsky

16 minute read