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May 17, 2007 |

Google scores copyright victory in dispute over nude pictures

An online nudie magazine's copyright infringement suit against Google now requires some complex maneuvering after a 9th Circuit panel on Wednesday severely limited what it could argue. Perfect 10 magazine sued Google for providing thumbnail versions of images from the magazine. "We conclude that the significantly transformative nature of Google's search engine, particularly in light of its public benefit, outweighs Google's superseding and commercial uses of the thumbnails in this case," the court wrote.
4 minute read
May 22, 2009 |

Steinbeck Heirs Lose Rights Bid

The U.S. Supreme Court rejected a petition by author John Steinbeck's heirs to negotiate a new publishing agreement.
3 minute read
July 17, 2009 |

Copyright Law

Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, and Robert J. Bernstein, founder of The Law Office of Robert J. Bernstein, review Salinger v. Colting, in which a Southern District judge granted a preliminary injunction to J.D. Salinger in connection with a new book, "60 Years Later: Coming Through the Rye," that claims to be a parody of Mr. Salinger's 1951 classic "The Catcher in the Rye." The decision has sparked controversy among bloggers and commentators, some of whom describe it as a censorious departure from settled copyright law. But the decision relies almost entirely on defendant-friendly precedent such as Campbell v. Acuff-Rose Music and Suntrust Bank v. Houghton-Mifflin Co. in which the courts have famously permitted arguably comparable uses.
12 minute read
November 18, 2004 |

Copyright Law

Robert J. Bernstein, the immediate past president of the Copyright Society of the USA, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, write that the punitive damages issue need not await a case that "squarely presents" any particular set of facts in any particular procedural posture. The act itself, together with the Supreme Court's clear statement prohibiting nonstatutory remedies for infringement, provides an answer as a matter of law.
11 minute read
November 20, 2009 |

Copyright Law

Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, and Robert J. Bernstein, a practitioner at The Law Office of Robert J. Bernstein, review a recent reversal from the Seventh Circuit where the court held that a photograph of a copyrighted work need not exhibit a higher level of originality in order to qualify for copyright protection and that the creator of such a derivative work need not obtain separate specific permission to register his or her copyright, over and above the permission required to create the derivative work. The decision represents a giant step away from the Circuit's own previous decision, which may result in greater uniformity among the circuits and greater fidelity to the text of the Copyright Act.
10 minute read
January 26, 2004 |

Gone Fishin'

A Swedish company has learned that gummy candy is a lot different than goldfish-shaped crackerswhen it comes to staving of competitionfrom other schools of fish.
3 minute read
April 26, 2004 |

Gray Matter

What do you get when you mix black and white? Gray, of course, along with a flurry of tersely worded cease-and-desist letters from IP attorneys. That�s what an underground disc jockey named Danger Mouse discovered recently after he digitally combined tracks from rap singer Jay-Z�s �Black Album� and music snippets from the Beatles� so-called �White Album� to create a limited-issue CD that he titled -- what else? -- the �Grey Album.�
2 minute read
August 15, 2008 |

Steinbeck Heirs Lose Publishing Claim

An appellate court ruling is a victory for the estate of John Steinbeck's widow and Penguin Group.
6 minute read
July 10, 1999 |

Copyright Registration for Web Sites

The Copyright Office recently issued a guide to registration of copyright in Web sites and other online works, Circular 66. This article summarizes the new policies and procedures.
4 minute read
May 21, 1999 |

Drafting Collaboration Agreements

When and how do artistic collaborators become joint authors? This question was recently addressed by the Second Circuit in Thomson v. Larson, a dispute over authorship of the Broadway hit musical "Rent." This paper examines the issues that should be specifically addressed in any collaboration agreement -- whether the parties intend their collaboration to be considered a joint work or not.
4 minute read

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