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March 17, 2006 |

Copyright Law

Robert J. Bernstein, an attorney, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, write that the U.S. Copyright Office issued a Notice of Inquiry last year regarding the issue of "orphan works," copyrighted works whose owners are difficult or impossible to locate. As a result, the public is denied the benefit of access to these works, even though in the vast majority of cases there is no copyright owner who would object to their use.
10 minute read
January 20, 2012 |

Oldies but Goodies: Federal Protection for Pre-1972 Recordings?

In their Copyright Law column, Robert J. Bernstein of The Law Office of Robert J. Bernstein and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, review the Register of Copyrights' recently-issued report recommending that federal copyright protection be expanded to pre-1972 sound recordings without disturbing ownership rights and contracts based on state law.
10 minute read
November 21, 2008 |

Copyright Law

Robert J. Bernstein, a practitioner at The Law Office of Robert J. Bernstein, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, after two years of arduous negotiations, groups of authors and publishers and Google issued a joint press release announcing a comprehensive settlement agreement regarding "Google Book Search." If finally approved, the Settlement may represent a sea change in the approach to resolving conflicts between copyright- and technology-based industries, wherein technology becomes a source of new revenue streams for content owners rather than a facilitator of infringement.
11 minute read
May 18, 2007 |

Copyright Law

Practitioner Robert J. Bernstein and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, analyze a recent case which demonstrates the degree to which copyright law has become truly international and multinational. Not only do the copyright regimes of other countries and the Berne Convention dramatically impact current U.S. copyright law and copyright exploitation strategy, they have also reached into and rewritten the history of our public domain.
9 minute read
April 12, 2011 |

Viacom, Time Warner Square Off Over iPad App

Is the iPad similar enough to your television set? That's one of the questions behind dueling lawsuits filed by Time Warner and Viacom in the Southern District of New York. According to the complaints, the parties are squabbling over the interpretation of Viacom's licensing contract with Time Warner due to a Time Warner app that lets iPad users view Viacom programs.
2 minute read
August 11, 2004 |

Newsbriefs

3 minute read
Viacom and Time Warner Square Off in Dueling Lawsuits Over iPad Application
Publication Date: 2011-04-08
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Viacom--represented by Arnold & Porter--accuses Time Warner of breaching its licensing contract by offering subscribers an iPad application to watch programming. Time Warner--represented by Cowan Liebowitz & Latman and Cahill Gordon & Reindel--counters that the contract grants it a broad license to distribute Viacom programming.

November 28, 2000 |

Top 10 Copyright Questions for Older Works

Suppose your client wants to publish a striking old photograph of John Wilkes Booth. The client confidently assures you that the work must be in the public domain because, after all, "it's more than 100 years old!" Before you agree with this optimistic legal conclusion, be sure to determine at least these ten facts.
5 minute read
September 18, 2009 |

Copyright Law

Robert J. Bernstein, founder of The Law Office of Robert J. Bernstein, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, discuss two recent jury verdicts in Minnesota and Massachusetts that have generated considerable heat at the intersection of copyright and the Internet. Unfortunately for the peer-to-peer file-sharing defendants, different "peers" sat on the federal district court juries that awarded the record company plaintiffs statutory damages of $1.92 million and $675,000 for willful infringement of multiple sound recording copyrights. Among the objections raised to the verdicts, both in the press and a new trial motion in the Minnesota action, is a Due Process Clause constitutional challenge to the statutory damages provision of the Copyright Act.
12 minute read
May 08, 2001 |

IP, With a Backbeat

He's Jonathan King, the IP attorney who's representing the Recording Industry Association of America eight months out of the year, and Jonny King, the jazz pianist playing in New York nightclubs the rest of the year. Balancing a job and a hobby is one thing, but the Cowan, Liebowitz & Latman special counsel manages to balance two full-blown careers. And everyone -- including the firm -- is happy with the situation.
1 minute read

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