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May 20, 2021 | New York Law Journal

A Bounty of Fair Use: 'Google v. Oracle' and 'Warhol Foundation v. Goldsmith'

The Second Circuit recently issued a decision on fair use in 'Warhol', which was followed shortly later by a U.S. Supreme Court decision in 'Google'. The plaintiff in the 'Warhol' decision now contends that the two decisions do not reconcile. In this edition of their Copyright Law column, Robert J. Bernstein and Robert W. Clarida discuss the decisions and write that due to the strictly limited basis on which 'Google' was decided, they do not foresee that it would significantly impact the resolution of 'Warhol'.
11 minute read
May 13, 2021 | Pro Mid Market

Midsize Moves: An Affordable Housing Duo, an Energy Utilities Partner

Herrick Feinstein added two new attorneys to the affordable housing team in its real estate department, Calfee Halter brought on an energy utilities partner, and other midsize moves.
2 minute read
March 18, 2021 | New York Law Journal

Recent Circuit Cases Address Implied Copyright Licenses

In this edition of their Copyright Law column, Robert W. Clarida and Robert J. Bernstein discuss two cases that demonstrate that proving the copyright owner's intent in the absence of a written agreement—and in the face of strenuous disagreement by the copyright owner—can present a difficult evidentiary challenge for defendants.
8 minute read
January 14, 2021 | New York Law Journal

Dr. Seuss Meets Star Trek in the Ninth Circuit

Copyright Law columnists Robert J. Bernstein and Robert W. Clarida discuss the Ninth Circuit's recent decision in 'Dr. Seuss Enterprises, L.P. v. ComicMix', in which the court held that ComicMix's illustrated book combining elements of several Dr. Seuss children's books with characters, themes and other features of the popular sci-fi series Star Trek was not a fair use of the Seuss material from which it had admittedly been "slavishly" copied.
10 minute read
November 19, 2020 | New York Law Journal

Copyright Preemption and the Right of Publicity

Is a state law claim for unauthorized commercial use of an individual's name, voice or likeness—i.e., a right of publicity (ROP) claim—preempted by the federal Copyright Act, when the defendant violates the ROP by reproducing or otherwise exploiting a copyrighted work that embodies such name/voice/likeness? In this edition of their Copyright Law column, Robert W. Clarida and Robert J. Bernstein examine a recent case that addressed this issue.
9 minute read
September 17, 2020 | New York Law Journal

'Just the Facts, Ma'am': 'Fake Facts' Treated as Actual Facts in 'Jersey Boys' Dispute

The U.S. Court of Appeals for the Ninth Circuit held that materials taken from an autobiography of Tommy DeVito (DeVito), an original member of the The Four Seasons (the band), and used in "Jersey Boys" (the musical), a Broadway musical depicting the band's history and hits, comprised facts and other noncopyrightable expression.
7 minute read
September 01, 2020 | New York Law Journal

Musician Eddy Grant Sues Trump, Campaign Claiming Unauthorized Use of 'Electric Avenue'

Trump's tweet remains available on Twitter, and had been retweeted more than 138,000 time as of Tuesday afternoon.
4 minute read
July 23, 2020 | New York Law Journal

Copyright Termination Rights and Loan-Out Companies

Robert W. Clarida and Robert J. Bernstein discuss whether recording artists who transferred their rights to record labels through so called "loan-out" companies are entitled to any termination rights at all under Section 203 of the Copyright Act.
7 minute read
May 14, 2020 | New York Law Journal

Supreme Court Holds Annotations in Georgia Official Code Annotated Not Copyrightable

In their Copyright Law column Robert J. Bernstein and Robert W. Clarida discuss 'Georgia v. Public.Resource.Org', in which the U.S. Supreme Court held that, under the "government edicts doctrine," the annotations contained in the Official Code of Georgia Annotated were not copyrightable.
8 minute read
March 20, 2020 | New York Law Journal

Music, Deposit Copies and 'Skidmore v. Led Zeppelin': A Workaround

This article focuses on the Ninth Circuit's still-contested holding in late 2018 that the scope of copyright in an unpublished pre-1978 musical composition is determined solely by the content of the deposit copy on file with the U.S. Copyright Office for that work.
7 minute read

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