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November 17, 2006 |

Copyright Law

Robert Jay Bernstein, a New York City practitioner, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, write that the Supreme Court, in MGM v. Grokster, articulated a new inducement of infringement basis for secondary liability, but left it largely undeveloped and remanded the case for further proceedings to determine whether the defendants had in fact "induced" third parties to infringe. That question has now been answered in the first decision applying the Supreme Court's new theory.
9 minute read
May 20, 2005 |

Copyright Law

Robert Jay Bernstein, a past president of the Copyright Society of the USA, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, return to pre-1972 days when sound recordings were not yet protected by the copyright law of the United States. The common law of most states, including New York, as well as state statutes, did provide copyright protection for sound recordings prior to 1972. Such protection included both civil causes of action for infringement and criminal anti-piracy statutes.
7 minute read
July 20, 2007 |

Copyright Law

Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, and Robert J. Bernstein, a practitioner in The Law Office of Robert J. Bernstein, review a recent sharply divided opinion from the Ninth Circuit which addressed the potential liability of third parties for on-line copyright infringements by their users--only this time, the third party was not a location service, such as Napster, but the credit card companies that allow customers to purchase infringing content with their cards.
12 minute read
January 17, 2008 |

JA Apparel Corp. v. Abboud

Memo by Trademark Counsel Deemed Protected By Attorney-Client Privilege, Work-Product Doctrine
1 minute read
March 27, 2001 |

Copyright Protection for Web Sites

To what extent does copyright protection apply to Web sites? Does copyright law protect the "look and feel" of a site? Moderator Robert Clarida of Cowan, Liebowitz & Latman and a distinguished panel of copyright attorneys examined these questions during law.com's ongoing seminar "Copyright Law in the New Millennium."
4 minute read
July 18, 2008 |

Copyright Law

Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, and Robert J. Bernstein, write that it was somewhat unusual to see a recent decision from France in which a group of French copyright owners, suing in Paris over an alleged violation of their reproduction and display rights in France, under French law, were told that the claim was governed instead by U.S. law.
13 minute read
Diamond v. Diamond
Publication Date: 2004-10-14
Practice Area: Criminal Practice
Industry:
Court: Appellate Division, 1st Dept
Judge:
Attorneys:
For plaintiff:
For defendant:
Case number:

By Mazzarelli, J.P., Sullivan, Friedman, Gonzalez, Catterson, JJ. 4277 Modesta L. Diamond, plf-res, v. Alex M. Diamond, def-ap _______________________

November 18, 2005 |

Copyright Law

Robert J. Bernstein, who practices law in New York City, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, review recent decisions on the incorporation of pre-existing expression into new works. These often entertaining decisions confirm that the fair use doctrine allows judges enormous freedom to give effect to their own tastes and opinions about the social benefits of various forms of expression.
10 minute read
September 21, 2007 |

Copyright Law

Robert Jay Bernstein, who practices with The Law Office of Robert Jay Bernstein, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, write that while the fortunate few may be listing their yachts on one of the competing databases run by the parties to BUC v. Yacht Council, the rest of us can appreciate the court's balancing of the two main issues arising in compilation cases: (i) copyrightability; and (ii) the scope of protection.
12 minute read
January 17, 2008 |

Copyright Law

Robert Jay Bernstein, a practitioner in The Law Office of Robert J. Bernstein, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, write that absent reconsideration, a number of thorny issues will await the parties in In Re: Literary Works Electronic Databases Copyright Litigation on remand, including whether freelancers may register their works now and then join a new class consisting only of registered copyright holders.
14 minute read

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