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November 18, 2004 | New York Law Journal

Copyright Law

Robert J. Bernstein, the immediate past president of the Copyright Society of the USA, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, write that the punitive damages issue need not await a case that "squarely presents" any particular set of facts in any particular procedural posture. The act itself, together with the Supreme Court's clear statement prohibiting nonstatutory remedies for infringement, provides an answer as a matter of law.
12 minute read
November 20, 2009 | New York Law Journal

Copyright Law

Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, and Robert J. Bernstein, a practitioner at The Law Office of Robert J. Bernstein, review a recent reversal from the Seventh Circuit where the court held that a photograph of a copyrighted work need not exhibit a higher level of originality in order to qualify for copyright protection and that the creator of such a derivative work need not obtain separate specific permission to register his or her copyright, over and above the permission required to create the derivative work. The decision represents a giant step away from the Circuit's own previous decision, which may result in greater uniformity among the circuits and greater fidelity to the text of the Copyright Act.
11 minute read
January 26, 2004 | Law.com

Gone Fishin'

A Swedish company has learned that gummy candy is a lot different than goldfish-shaped crackerswhen it comes to staving of competitionfrom other schools of fish.
4 minute read
April 26, 2004 | Law.com

Gray Matter

What do you get when you mix black and white? Gray, of course, along with a flurry of tersely worded cease-and-desist letters from IP attorneys. That�s what an underground disc jockey named Danger Mouse discovered recently after he digitally combined tracks from rap singer Jay-Z�s �Black Album� and music snippets from the Beatles� so-called �White Album� to create a limited-issue CD that he titled -- what else? -- the �Grey Album.�
2 minute read
August 15, 2008 | The Recorder

Steinbeck Heirs Lose Publishing Claim

An appellate court ruling is a victory for the estate of John Steinbeck's widow and Penguin Group.
6 minute read
July 10, 1999 | Law.com

Copyright Registration for Web Sites

The Copyright Office recently issued a guide to registration of copyright in Web sites and other online works, Circular 66. This article summarizes the new policies and procedures.
4 minute read
May 21, 1999 | Law.com

Drafting Collaboration Agreements

When and how do artistic collaborators become joint authors? This question was recently addressed by the Second Circuit in Thomson v. Larson, a dispute over authorship of the Broadway hit musical "Rent." This paper examines the issues that should be specifically addressed in any collaboration agreement -- whether the parties intend their collaboration to be considered a joint work or not.
4 minute read
December 29, 2011 | Law.com

New York Attorneys Take on Capital Cases in South That Last Decades

Two men who have spent a combined 44 years on death row in southern states have some reason for hope as the new year approaches. Attorneys for the men, including members of the New York bar who have donated hundreds of hours to their cases, finally have persuaded appellate courts to overturn their convictions.
4 minute read
December 18, 2006 | National Law Journal

Suit against producers of 'Bourne' proceeds

A writer who claims to have penned a screen treatment in the 1970s based on author Robert Ludlum's "The Bourne Identity" can continue to pursue his lawsuit against the creators of the 2002 hit movie of the same title.
4 minute read
December 22, 2006 | New York Law Journal

Obituary: David Goldberg

1 minute read

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