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July 21, 2006 | New York Law Journal

Copyright Law

Robert J. Bernstein, a New York City practitioner, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, write: Wouldn't it be nice to customize every Hollywood movie to your taste, to eliminate whatever you consider objectionable? Sure. And wouldn't there be a nice business opportunity in selling custom-edited films? Of course. And isn't it fair use under the Copyright Act to make and sell such "transformative" versions of hit films without the permission of the filmmakers? Not so fast.
13 minute read
November 18, 2004 | New York Law Journal

Judge Rules for U.S. Company, Against Russian Agency

4 minute read
March 18, 2011 | New York Law Journal

Lady Gaga, Burning Man, Medical Justice: Grabbing Customers' Copyrights

In their Copyright Law column, Robert W. Clarida, a partner with Cowan, Liebowitz & Latman, and Robert J. Bernstein of The Law Office of Robert J. Bernstein discuss the unusually aggressive copyright positions three disparate entities have taken against people (like photographers, festival attendees and patients) who dare to feature or refer to them in works of authorship.
12 minute read
September 15, 2006 | New York Law Journal

Copyright Law

Robert J. Bernstein, who practices law in New York City, and Robert W. Clarida, a partner in Cowan, Liebowitz & Latman, write that there is a whole body of state law (beyond the scope of this article) that might protect a screenwriter's ideas if they are communicated, for example, in the context of a contractual or fiduciary relationship involving rights not preempted by the Copyright Act.
12 minute read
June 21, 2010 | New York Law Journal

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

4 minute read
May 11, 2004 | New York Law Journal

Injunction Lifted on Book Of Dorothy Parker Poems

3 minute read
September 17, 2010 | New York Law Journal

Preemption and the Right of Publicity

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 Ninth Circuit recently held that a California right of publicity claim based on the distribution of counterfeit DVDs containing performances of an adult film star was preempted by federal copyright law.
14 minute read
May 17, 2007 | National Law Journal

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 | The Recorder

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 | New York Law Journal

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.
13 minute read

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