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March 19, 2003 |

Copyright Law

19 minute read
May 19, 2006 |

Copyright Law

Robert J. Bernstein, a New York City practicioner, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, write that the Grateful Dead has inspired generations of musicians, composers and fans. Now it will have another, albeit unintentional, legacy, as the subject of an appellate precedent which strengthened the arsenal of defendants in fair use cases, giving future authors more leeway when using prior works to compose new ones.
13 minute read
March 21, 2008 |

Copyright Law

Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, and Robert Jay Bernstein, a New York City practitioner, write that the efforts of the entertainment industry to stem the infringement of sound recordings and motion pictures on the Internet have been widely reported. The legal basis for these actions is often misunderstood, however, by commentators and sometimes even by the courts.
9 minute read
January 19, 2007 |

Copyright Law

Robert J. Bernstein, an attorney, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, write that practitioners in the U.S. Court of Appeals for the Second Circuit rarely encounter either mountain lions or hula dancers, but two recent decisions from the U.S. District Court for the districts of Montana and Hawaii present just such an opportunity.
11 minute read
March 16, 2007 |

Copyright Law

Robert J. Bernstein, a practitioner in The Law Office of Robert J. Bernstein, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, write that in the spring of 1967, as London blossomed with flower power, a new group called Procol Harum released their first single, "A Whiter Shade of Pale." Forty years later, the organist claimed and was awarded joint authorship of the song in Britain's High Court of Justice, a result that would likely be impossible under U.S. law.
10 minute read
July 15, 2011 |

New York and California Courts Split on Preemption of Idea Claims

In their Copyright Law column, Robert W. Clarida of Cowan, Liebowitz & Latman and solo practitioner Robert J. Bernstein write that the 1976 Copyright Act aimed to eliminate state law protection "equivalent" to federal copyright, but, to put it mildly, the goal of national uniformity has not been perfectly realized, and preemption cases are notoriously inconsistent.
10 minute read
September 16, 2011 |

Second Circuit Limits 'First Sale' Doctrine to U.S.-Made Goods

In their Copyright Law column, Robert J. Bernstein, who practices in The Law Office of Robert J. Bernstein, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, write that the Copyright Act, in making unauthorized importation under �602(a) actionable as an infringement of the �106(3) distribution right, also arguably makes such importation subject to �109(a)'s "first sale" limitation on that right. This ambiguity, they say, has led to a series of decisions seeking to reconcile the three statutory provisions.
11 minute read
July 18, 2002 |

Copyright Law

I N ITS NEXT TERM , the Supreme Court will review the 2001 decision of the D. C. Circuit in Eldred v. Reno (now styled Eldred v. Ashcroft ) ( "Eldred" ), 1 which upheld the constitutionality of the Copyright Term Extension Act of 1988 (CTEA). The Supreme Court decision in Eldred is expected to set the standard for the exercise of congressional discretion under the Copyright Clause of the Constitution and to determine, in the context of the duration of copyright protection, whether First Amendment considerat
10 minute read
March 19, 2010 |

Copyright Law

Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, and Robert J. Bernstein of The Law Office of Robert J. Bernstein discuss the Muchnick decision and its implications for the litigation and settlement of cases involving both registered and unregistered works.
12 minute read
November 16, 2007 |

Copyright Law

Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, and Robert Jay Bernstein, a practitioner in The Law Office of Robert J. Bernstein, write that it isn't often that a federal court of appeals throws a grave constitutional shadow over a substantive provision of the Copyright Act. In fact, until the Tenth Circuit's recent decision in Golan v. Gonzales, it had never happened before.
11 minute read

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