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January 20, 2006 | New York Law Journal

Copyright Law

Robert J. Bernstein, an attorney and past president of the Copyright Society of the U.S.A., and Robert W. Clarida, a partner in Cowan, Liebowitz & Latman, write that the Ninth Circuit recently issued a decision of great moment to the future of Winnie-the-Pooh, Christopher Robin, Tigger and other creations of Alan Alexander Milne in his beloved, and enormously profitable, series of children's books.
13 minute read
May 15, 2009 | New York Law Journal

Copyright Law

New York practitioner Robert J. Bernstein and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, write that United States Supreme Court Justice David H. Souter's decision to forego the remainder of his lifetime appointment to the U.S. Supreme Court, and President Barack Obama's search for suitable nominees, have heightened public interest in issues of constitutional interpretation. It is therefore fitting, they note, that this month's column examines a case at the crossroads of the Copyright Clause and the First Amendment.
13 minute read
March 18, 2005 | New York Law Journal

Copyright Law

Robert J. Bernstein, an attorney in New York City and the immediate past president of the Copyright Society of the USA, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, write that every state recognizes the right of individuals to prevent the unauthorized use of their names and likenesses for commercial purposes. Some states, including New York, consider this a civil right similar to the right of privacy, but elsewhere the concept is termed a "right of publicity."
13 minute read
May 16, 2008 | New York Law Journal

Copyright Law

Robert J. Bernstein and Robert W. Clarida write that three district courts have recently considered whether a work should be considered to be "derivative" within the meaning of �101 of the 1976 Copyright Act. Although in each case the issue was raised in the context of photographs of three dimensional objects, the determination of whether a work is "derivative" and the consequences of that determination are broadly applicable across the spectrum of copyrightable subject matter.
16 minute read
January 15, 2010 | New York Law Journal

Copyright Law

Robert J. Bernstein, a partner at The Law Office of Robert J. Bernstein, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, discuss two recent Southern District cases which reluctantly held that dicta in the Supreme Court's holding in Quality King "required" rejection of the first sale doctrine when raised as a defense to the unauthorized importation of foreign-made goods; and a Ninth Circuit decision which embraced that interpretation as consistent with its own precedent and "not irreconcilable" with the Quality King dicta. A pending petition for certiorari in Omega may give the Supreme Court an opportunity to revisit its dicta in Quality King and to rule directly on the applicability of the first sale doctrine to goods manufactured abroad.
11 minute read
May 21, 2010 | New York Law Journal

After 'Salinger': a Sea Change in Copyright Injunctions

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 obstacles facing a plaintiff seeking injunctive relief in fair use cases have not merely numerically doubled, with the decision in Salinger v. Colting calling for the application of a second four-factor test; they have been heightened by the Supreme Court's admonition against the application of any presumption of irreparable harm.
14 minute read
May 21, 2007 | National Law Journal

INTELLECTUAL PROPERTY | Thumbnail reproductions don't infringe

The 9th U.S. Circuit Court of Appeals has ruled that Google's thumbnail versions of images from an online nude magazine does not constitute direct infringement.
3 minute read
October 10, 2008 | New Jersey Law Journal

Broadcast Yourself: Intellectual Property in a YouTube World

A discussion of YouTube's handling of intellectual property rights.
6 minute read
March 04, 2010 | New York Law Journal

The Guantánamo Lawyers: Inside a Prison Outside the Law

6 minute read
March 01, 2008 | Corporate Counsel

Do Authors Get to Pick Their Heirs?

OS - The Second Circuit must decide whether Steinbeck's will trumps the "termination rights" statute.
4 minute read

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