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January 19, 2007 | New York Law Journal

Copyright Law

Robert J. Bernstein, an attorney, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, write that practitioners in the U.S. Court of Appeals for the Second Circuit rarely encounter either mountain lions or hula dancers, but two recent decisions from the U.S. District Court for the districts of Montana and Hawaii present just such an opportunity.
13 minute read
March 16, 2007 | New York Law Journal

Copyright Law

Robert J. Bernstein, a practitioner in The Law Office of Robert J. Bernstein, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, write that in the spring of 1967, as London blossomed with flower power, a new group called Procol Harum released their first single, "A Whiter Shade of Pale." Forty years later, the organist claimed and was awarded joint authorship of the song in Britain's High Court of Justice, a result that would likely be impossible under U.S. law.
11 minute read
July 15, 2011 | New York Law Journal

New York and California Courts Split on Preemption of Idea Claims

In their Copyright Law column, Robert W. Clarida of Cowan, Liebowitz & Latman and solo practitioner Robert J. Bernstein write that the 1976 Copyright Act aimed to eliminate state law protection "equivalent" to federal copyright, but, to put it mildly, the goal of national uniformity has not been perfectly realized, and preemption cases are notoriously inconsistent.
11 minute read
September 16, 2011 | New York Law Journal

Second Circuit Limits 'First Sale' Doctrine to U.S.-Made Goods

In their Copyright Law column, Robert J. Bernstein, who practices in The Law Office of Robert J. Bernstein, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, write that the Copyright Act, in making unauthorized importation under �602(a) actionable as an infringement of the �106(3) distribution right, also arguably makes such importation subject to �109(a)'s "first sale" limitation on that right. This ambiguity, they say, has led to a series of decisions seeking to reconcile the three statutory provisions.
12 minute read
July 18, 2002 | New York Law Journal

Copyright Law

I N ITS NEXT TERM , the Supreme Court will review the 2001 decision of the D. C. Circuit in Eldred v. Reno (now styled Eldred v. Ashcroft ) ( "Eldred" ), 1 which upheld the constitutionality of the Copyright Term Extension Act of 1988 (CTEA). The Supreme Court decision in Eldred is expected to set the standard for the exercise of congressional discretion under the Copyright Clause of the Constitution and to determine, in the context of the duration of copyright protection, whether First Amendment considerat
11 minute read
March 19, 2010 | New York Law Journal

Copyright Law

Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, and Robert J. Bernstein of The Law Office of Robert J. Bernstein discuss the Muchnick decision and its implications for the litigation and settlement of cases involving both registered and unregistered works.
13 minute read
November 16, 2007 | New York Law Journal

Copyright Law

Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, and Robert Jay Bernstein, a practitioner in The Law Office of Robert J. Bernstein, write that it isn't often that a federal court of appeals throws a grave constitutional shadow over a substantive provision of the Copyright Act. In fact, until the Tenth Circuit's recent decision in Golan v. Gonzales, it had never happened before.
12 minute read
November 17, 2006 | New York Law Journal

Copyright Law

Robert Jay Bernstein, a New York City practitioner, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, write that the Supreme Court, in MGM v. Grokster, articulated a new inducement of infringement basis for secondary liability, but left it largely undeveloped and remanded the case for further proceedings to determine whether the defendants had in fact "induced" third parties to infringe. That question has now been answered in the first decision applying the Supreme Court's new theory.
11 minute read
May 20, 2005 | New York Law Journal

Copyright Law

Robert Jay Bernstein, a past president of the Copyright Society of the USA, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, return to pre-1972 days when sound recordings were not yet protected by the copyright law of the United States. The common law of most states, including New York, as well as state statutes, did provide copyright protection for sound recordings prior to 1972. Such protection included both civil causes of action for infringement and criminal anti-piracy statutes.
8 minute read
July 20, 2007 | New York Law Journal

Copyright Law

Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, and Robert J. Bernstein, a practitioner in The Law Office of Robert J. Bernstein, review a recent sharply divided opinion from the Ninth Circuit which addressed the potential liability of third parties for on-line copyright infringements by their users--only this time, the third party was not a location service, such as Napster, but the credit card companies that allow customers to purchase infringing content with their cards.
14 minute read

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