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November 16, 2007 |

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.

11 minute read

November 17, 2006 |

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.

9 minute read

May 20, 2005 |

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.

7 minute read

July 20, 2007 |

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.

12 minute read

July 18, 2008 |

Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, and Robert J. Bernstein, write that it was somewhat unusual to see a recent decision from France in which a group of French copyright owners, suing in Paris over an alleged violation of their reproduction and display rights in France, under French law, were told that the claim was governed instead by U.S. law.

13 minute read

November 18, 2005 |

Robert J. Bernstein, who practices law in New York City, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, review recent decisions on the incorporation of pre-existing expression into new works. These often entertaining decisions confirm that the fair use doctrine allows judges enormous freedom to give effect to their own tastes and opinions about the social benefits of various forms of expression.

10 minute read

September 21, 2007 |

Robert Jay Bernstein, who practices with The Law Office of Robert Jay Bernstein, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, write that while the fortunate few may be listing their yachts on one of the competing databases run by the parties to BUC v. Yacht Council, the rest of us can appreciate the court's balancing of the two main issues arising in compilation cases: (i) copyrightability; and (ii) the scope of protection.

12 minute read

January 17, 2008 |

Robert Jay Bernstein, a practitioner in The Law Office of Robert J. Bernstein, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, write that absent reconsideration, a number of thorny issues will await the parties in In Re: Literary Works Electronic Databases Copyright Litigation on remand, including whether freelancers may register their works now and then join a new class consisting only of registered copyright holders.

14 minute read

March 17, 2006 |

Robert J. Bernstein, an attorney, and Robert W. Clarida, a partner at Cowan, Liebowitz & Latman, write that the U.S. Copyright Office issued a Notice of Inquiry last year regarding the issue of "orphan works," copyrighted works whose owners are difficult or impossible to locate. As a result, the public is denied the benefit of access to these works, even though in the vast majority of cases there is no copyright owner who would object to their use.

10 minute read

January 20, 2012 |

Oldies but Goodies: Federal Protection for Pre-1972 Recordings?

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, review the Register of Copyrights' recently-issued report recommending that federal copyright protection be expanded to pre-1972 sound recordings without disturbing ownership rights and contracts based on state law.

10 minute read

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