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July 18, 2008 | New York Law Journal

Copyright Law

Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, and Robert J. Bernstein, write that it was somewhat unusual to see a recent decision from France in which a group of French copyright owners, suing in Paris over an alleged violation of their reproduction and display rights in France, under French law, were told that the claim was governed instead by U.S. law.
15 minute read
November 18, 2005 | New York Law Journal

Copyright Law

Robert J. Bernstein, who practices law in New York City, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, review recent decisions on the incorporation of pre-existing expression into new works. These often entertaining decisions confirm that the fair use doctrine allows judges enormous freedom to give effect to their own tastes and opinions about the social benefits of various forms of expression.
12 minute read
September 21, 2007 | New York Law Journal

Copyright Law

Robert Jay Bernstein, who practices with The Law Office of Robert Jay Bernstein, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, write that while the fortunate few may be listing their yachts on one of the competing databases run by the parties to BUC v. Yacht Council, the rest of us can appreciate the court's balancing of the two main issues arising in compilation cases: (i) copyrightability; and (ii) the scope of protection.
14 minute read
January 17, 2008 | New York Law Journal

Copyright Law

Robert Jay Bernstein, a practitioner in The Law Office of Robert J. Bernstein, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, write that absent reconsideration, a number of thorny issues will await the parties in In Re: Literary Works Electronic Databases Copyright Litigation on remand, including whether freelancers may register their works now and then join a new class consisting only of registered copyright holders.
16 minute read
March 17, 2006 | New York Law Journal

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.
11 minute read
January 20, 2012 | New York Law Journal

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.
11 minute read
November 21, 2008 | New York Law Journal

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.
13 minute read
May 18, 2007 | New York Law Journal

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.
11 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.

March 21, 2003 | New York Law Journal

Copyright Law

11 minute read

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