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May 16, 2008 |

Copyright Law

Robert J. Bernstein and Robert W. Clarida write that three district courts have recently considered whether a work should be considered to be "derivative" within the meaning of �101 of the 1976 Copyright Act. Although in each case the issue was raised in the context of photographs of three dimensional objects, the determination of whether a work is "derivative" and the consequences of that determination are broadly applicable across the spectrum of copyrightable subject matter.
14 minute read
January 15, 2010 |

Copyright Law

Robert J. Bernstein, a partner at The Law Office of Robert J. Bernstein, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, discuss two recent Southern District cases which reluctantly held that dicta in the Supreme Court's holding in Quality King "required" rejection of the first sale doctrine when raised as a defense to the unauthorized importation of foreign-made goods; and a Ninth Circuit decision which embraced that interpretation as consistent with its own precedent and "not irreconcilable" with the Quality King dicta. A pending petition for certiorari in Omega may give the Supreme Court an opportunity to revisit its dicta in Quality King and to rule directly on the applicability of the first sale doctrine to goods manufactured abroad.
9 minute read
May 21, 2010 |

After 'Salinger': a Sea Change in Copyright Injunctions

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, write that the obstacles facing a plaintiff seeking injunctive relief in fair use cases have not merely numerically doubled, with the decision in Salinger v. Colting calling for the application of a second four-factor test; they have been heightened by the Supreme Court's admonition against the application of any presumption of irreparable harm.
12 minute read
May 21, 2007 |

INTELLECTUAL PROPERTY | Thumbnail reproductions don't infringe

The 9th U.S. Circuit Court of Appeals has ruled that Google's thumbnail versions of images from an online nude magazine does not constitute direct infringement.
3 minute read
Penguin Group (USA) Inc. v. Steinbeck, 06-3226-cv
Publication Date: 2008-08-18
Practice Area: Intellectual Property
Industry:
Court: U.S. Court of Appeals, Second Circuit
Judge:
Attorneys:
For plaintiff:
For defendant:
Case number: 06-3226-cv

Before: Sack, Katzmann, and Raggi, C.JJ. U.S. COURT OF APPEALS SECOND CIRCUIT Richard Dannay, Cowan, Liebowitz & Latman, P.C. (Thomas Kjellberg, of counsel), New Yo

October 10, 2008 |

Broadcast Yourself: Intellectual Property in a YouTube World

A discussion of YouTube's handling of intellectual property rights.
5 minute read
March 01, 2008 |

Do Authors Get to Pick Their Heirs?

OS - The Second Circuit must decide whether Steinbeck's will trumps the "termination rights" statute.
3 minute read
September 19, 2008 |

Copyright Law

consider the different approaches taken by the courts in their common effort to implement the congressional intent in the Copyright Act of 1976 to provide authors and their heirs with new opportunities to exploit their works during extended renewal terms and summarize the statutory termination scheme and some relevant history of the renewal term.
17 minute read
November 10, 2000 |

Who Owns Pre-1972 Sound Recordings?

Sound recordings first fixed before Feb. 15, 1972 -- which includes the recorded genius of the Beatles, Charlie Parker, Hank Williams and Elvis Presley -- are generally not eligible for federal copyright protection. These recordings must be protected, if at all, under the disparate laws of individual states, which raise issues of ownership and duration that must be examined on a case-by-case basis.
4 minute read

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