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October 14, 2005 |

Music Piracy Defendants Strike Back

In the last two years, the RIAA has filed nearly 15,000 suits for illegally downloading and distributing copyrighted music. Now many defendants are refusing to settle.
8 minute read
August 14, 2008 |

Steinbeck Descendants Lose Bid to Renegotiate Publishing Rights

Reversing a lower court, the 2nd U.S. Circuit Court of Appeals said a 1938 agreement in which John Steinbeck stated sole and exclusive rights to publish "Of Mice and Men" and several other works was terminated and superseded by a 1994 agreement between his widow and Penguin Books. The 1994 agreement trumps a claim made by two other heirs to terminate the 1938 agreement under provisions of the Copyright Act intended to give authors and their heirs a chance to renegotiate with publishers.
6 minute read
August 15, 2008 |

Steinbeck's heirs lose publishing bid

6 minute read
June 19, 2007 |

United States, appellant v. Jean Martignon, defendant-appellee

Circuit Upholds Congress� Power to Pass Anti-Bootlegging Law Under Commerce Clause
32 minute read
November 17, 2011 |

Representing Corporate New Jersey

13 minute read
October 20, 2011 |

In-House at Large Public Companies

18 minute read
September 23, 2005 |

Does Idea/Expression Dichotomy Apply to Visual Arts?

The question of what is, and is not, protectable in photographs has long vexed the courts. Judge Lewis A. Kaplan of the Southern District of New York recently issued a thoughtful analysis of the nature of creativity in, and the resulting level of protection for, different genres of photography and their constituent elements. This led Kaplan to a more widely applicable discussion of whether the "idea/expression dichotomy" is useful when considering the copyrightability of works of visual art.
11 minute read
January 27, 2006 |

Winnie Plays the End Game

The bounty from Alan Alexander Milne's beloved, and enormously profitable, Winnie-the-Pooh books were the subject of a mammoth tug of war between Milne's granddaughter, along with her licensee, the Walt Disney Co., and Stephen Slesinger Inc., the successor to the author's original grant of U.S. merchandising rights. This tale of attempted termination, greed and statutory construction provides an instructive tour of the Copyright Act's often Byzantine provisions governing termination of grants.
12 minute read
October 13, 2005 |

Music Piracy Defendants Fighting Back

When attorney John Hermann took on his first music piracy lawsuit recently on behalf of a woman who was being sued by the music industry, he was skeptical.
8 minute read

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