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September 18, 2009 |

Copyright Law

Robert J. Bernstein, founder of The Law Office of Robert J. Bernstein, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, discuss two recent jury verdicts in Minnesota and Massachusetts that have generated considerable heat at the intersection of copyright and the Internet. Unfortunately for the peer-to-peer file-sharing defendants, different "peers" sat on the federal district court juries that awarded the record company plaintiffs statutory damages of $1.92 million and $675,000 for willful infringement of multiple sound recording copyrights. Among the objections raised to the verdicts, both in the press and a new trial motion in the Minnesota action, is a Due Process Clause constitutional challenge to the statutory damages provision of the Copyright Act.
12 minute read
May 08, 2001 |

IP, With a Backbeat

He's Jonathan King, the IP attorney who's representing the Recording Industry Association of America eight months out of the year, and Jonny King, the jazz pianist playing in New York nightclubs the rest of the year. Balancing a job and a hobby is one thing, but the Cowan, Liebowitz & Latman special counsel manages to balance two full-blown careers. And everyone -- including the firm -- is happy with the situation.
1 minute read
September 15, 2003 |

Music group faces a suit of its own

The recording Industry Association of America (RIAA), which on Sept. 8 began a highly publicized legal assault to protect copyrighted music from Internet pirates, now finds itself on the other end of a lawsuit.
4 minute read
August 06, 1999 |

The Beat Goes On (and On): The Sonny Bono Copyright Extension Act

This paper examines the terms of the "Sonny Bono Copyright Term Extension Act," Public Law 105-298, which extends copyright protection in the United States by 20 years. The changes bring U.S. law into line with European standards. The Act's provisions are available to all works still in their initial or renewal term of copyright as of October 27, 1998, the effective date of the amendments, but works that have already fallen into the public domain are not revived.
4 minute read
May 01, 2009 |

Get in the Fast Lane

Clients won't put up with - or pay for - slow document assembly
5 minute read
July 21, 2006 |

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.
11 minute read
March 18, 2011 |

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.
11 minute read
September 15, 2006 |

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.
11 minute read

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