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January 21, 2011 | New York Law Journal

Promotional CDs and Software Face First Sale Doctrine

In their Copyright Law column, Robert J. Bernstein and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, analyze cases which starkly demonstrate the differing fates that may befall transactions intended by the copyright owner to preserve ownership.
13 minute read
December 24, 2007 | National Law Journal

In New York, Partners Lose Shield in Disputes

The New York Court of Appeals ruled Dec. 20 that partners in a law firm operating as a limited-liability partnership are not shielded from personal liability in disputes with each other.
3 minute read
July 15, 2005 | New York Law Journal

Copyright Law

Robert Jay Bernstein, of the Law Office of Robert J. Bernstein, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, analyze a recent U.S. Supreme Court ruling on the liability of certain Internet services and software providers for acts of copyright infringement committed by their users, mainly young music and movie fans who exchange copyrighted works through so-called peer-to-peer networks.
14 minute read
March 01, 2008 | Corporate Counsel

Do Authors Get to Pick Their Heirs?

The Second Circuit must decide whether Steinbeck's will trumps the "termination rights" statute.
4 minute read
July 16, 2010 | New York Law Journal

Tenth Circuit (Finally) Upholds Copyright Restoration Act

In their Copyright Law column, Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, and solo practitioner Robert J. Bernstein discuss the new developments, and constitutionality of the Copyright Restoration Act with regard to works of foreign origin.
13 minute read
March 28, 2011 | Legaltech News

Long-Arm Statute Keeps Internet Copyright Fight in New York

New York's long-arm statute permits a Manhattan publisher to sue an out-of-state online corporation for copyright infringement, the state's high court ruled. The internet's pervasiveness was found to supersede the fact that American Buddha downloaded in either Arizona or Oregon four books to which the Penguin Group holds the copyright.
4 minute read
January 16, 2009 | New York Law Journal

Copyright Law

Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, and Robert J. Bernstein, a past president of the Copyright Society of the U.S.A., review recent developments in the ongoing judicial battle over the making-available right. The Copyright Act gives the owner of copyright various exclusive rights in the work, including the right "to distribute copies . . . of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease or lending." The act does not define the word "distribute" but the statute does not by its terms require that distribution must involve or result in a physical copy literally moving from one place to another.
17 minute read
June 21, 2010 | Law.com

2nd Circuit Seeks Guidance on Use of Long-Arm Law for Copyrights

The 2nd Circuit has certified to New York's highest court the question of whether a copyright infringement action can be brought in New York against an out-of-state party that uploaded to the Internet unauthorized copies of books and made them available to readers from servers located outside the state. The circuit said that "determining the situs of injury" for purposes of the long-arm statute "in a copyright case requires analysis of state law and policy considerations this court is ill-suited to make."
4 minute read
September 16, 2005 | New York Law Journal

Copyright Law

Robert Jay Bernstein, who practices in the Law Office of Robert J. Bernstein, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, examine the recent U.S. District Court decision in Mannion v. Coors Brewing Co., which analyzed the nature of creativity in, and the resulting level of protection for, different genres of photography and their constituent elements.
12 minute read
July 16, 2004 | New York Law Journal

Copyright Law

Robert J. Bernstein, of the Law Office of Robert J. Bernstein, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, write that an unrelenting enforcement strategy may take a serious bite or two out of profits.
13 minute read

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