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January 16, 2009 |

Copyright Law

Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, and Robert J. Bernstein, a past president of the Copyright Society of the U.S.A., review recent developments in the ongoing judicial battle over the making-available right. The Copyright Act gives the owner of copyright various exclusive rights in the work, including the right "to distribute copies . . . of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease or lending." The act does not define the word "distribute" but the statute does not by its terms require that distribution must involve or result in a physical copy literally moving from one place to another.
14 minute read
March 21, 2003 |

Copyright Law

9 minute read
June 21, 2010 |

2nd Circuit Seeks Guidance on Use of Long-Arm Law for Copyrights

The 2nd Circuit has certified to New York's highest court the question of whether a copyright infringement action can be brought in New York against an out-of-state party that uploaded to the Internet unauthorized copies of books and made them available to readers from servers located outside the state. The circuit said that "determining the situs of injury" for purposes of the long-arm statute "in a copyright case requires analysis of state law and policy considerations this court is ill-suited to make."
4 minute read
September 16, 2005 |

Copyright Law

Robert Jay Bernstein, who practices in the Law Office of Robert J. Bernstein, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, examine the recent U.S. District Court decision in Mannion v. Coors Brewing Co., which analyzed the nature of creativity in, and the resulting level of protection for, different genres of photography and their constituent elements.
11 minute read
May 15, 2003 |

Copyright Law

12 minute read
Gurvey v. Cowan, Liebowitz Latman PC, 06 Civ. 1202
Publication Date: 2009-05-05
Practice Area: Intellectual Property
Industry:
Court: U.S. District Court for the Southern District
Judge: Barbara Jones
Attorneys:
For plaintiff:
For defendant:
Case number: 06 Civ. 1202

District Judge Barbara S. Jones U.S. DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Judge Jones Opinion & Order Plaintiff Amy Gurvey brings c

July 16, 2004 |

Copyright Law

Robert J. Bernstein, of the Law Office of Robert J. Bernstein, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, write that an unrelenting enforcement strategy may take a serious bite or two out of profits.
12 minute read
January 20, 2006 |

Copyright Law

Robert J. Bernstein, an attorney and past president of the Copyright Society of the U.S.A., and Robert W. Clarida, a partner in Cowan, Liebowitz & Latman, write that the Ninth Circuit recently issued a decision of great moment to the future of Winnie-the-Pooh, Christopher Robin, Tigger and other creations of Alan Alexander Milne in his beloved, and enormously profitable, series of children's books.
12 minute read
May 15, 2009 |

Copyright Law

New York practitioner Robert J. Bernstein and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, write that United States Supreme Court Justice David H. Souter's decision to forego the remainder of his lifetime appointment to the U.S. Supreme Court, and President Barack Obama's search for suitable nominees, have heightened public interest in issues of constitutional interpretation. It is therefore fitting, they note, that this month's column examines a case at the crossroads of the Copyright Clause and the First Amendment.
11 minute read
March 18, 2005 |

Copyright Law

Robert J. Bernstein, an attorney in New York City and the immediate past president of the Copyright Society of the USA, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, write that every state recognizes the right of individuals to prevent the unauthorized use of their names and likenesses for commercial purposes. Some states, including New York, consider this a civil right similar to the right of privacy, but elsewhere the concept is termed a "right of publicity."
11 minute read

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