Thomas Kjellberg

November 17, 2022 | New York Law Journal

The U.S. Court of Appeals for the Ninth Circuit recently adjudicated a fair use claim involving photographs of hundreds of works by perhaps the only 20th century artist even more famous than Warhol: Pablo Picasso.

By Robert W. Clarida and Thomas Kjellberg

8 minute read

September 28, 2022 | New York Law Journal

The question before the court was whether the alleged "sameness" was substantial enough to amount to copyright infringement.

By Thomas Kjellberg and Robert W. Clarida

8 minute read

July 14, 2022 | New York Law Journal

The precedential value of the 'Morford' decision will probably be slim to none.

By Robert W. Clarida and Thomas Kjellberg

9 minute read

May 19, 2022 | New York Law Journal

The decision articulates the current state of Ninth Circuit law regarding the threshold of protectable originality in music infringement cases, and because so many music cases are brought in the Ninth Circuit the ruling will likely be significant to music litigators nationwide.

By Robert W. Clarida and Thomas Kjellberg

9 minute read

March 17, 2022 | New York Law Journal

In dual lawsuits filed on Feb. 7, 2022, the estates of Robin Williams and George Carlin accuse Pandora Media of willfully infringing the legendary comedians' registered copyrights in their "spoken word compositions"—their standup routines—by streaming the sound recordings that embody those routines without a license for the spoken word works.

By Thomas Kjellberg and Robert W. Clarida

8 minute read

January 20, 2022 | New York Law Journal

In this edition of their Copyright Law column, Robert W. Clarida and Thomas Kjellberg describe some of the major issues the court addressed in oral argument in 'Unicolors v. H&M Hennes & Mauritz'—presently before the U.S. Supreme Court—and will identify some questions that are likely to remain open no matter the outcome.

By Robert W. Clarida and Thomas Kjellberg

8 minute read