• July 21, 2021 | New York Law Journal

    U.S. Supreme Court To Clarify Role of Copyright Office in Litigation

    In this edition of their Copyright Law column, Robert W. Clarida and Robert J. Bernstein discuss 'Unicolors v. H&M Hennes & Mauritz', in which the Supreme Court will address whether the Ninth Circuit erred in holding "that 17 U.S.C. §411 requires referral to the Copyright Office where there is no indicia of fraud or material error as to the work at issue in the subject copyright registration?" An affirmance could make the Copyright Office a more significant player in copyright infringement litigation, by requiring the Register to weigh in more often on the validity of registrations.

    7 minute read

  • June 7, 2021 | New York Law Journal

    New Venture Capital Funding Pool of $10 Billion Created Under Rescue Act

    Discretely tucked into the recently signed $1.9 trillion federal Rescue Act of 2021 are amendments to the existing State Small Business Credit Initiative Act of 2010, which have received little public notice.

    7 minute read

  • May 27, 2021 | New York Law Journal

    Hagai Zaifman Joins Sidley Austin from White & Case

    And other announcements of recent hirings and promotions of New York attorneys.

    1 minute read

  • May 20, 2021 | New York Law Journal

    A Bounty of Fair Use: 'Google v. Oracle' and 'Warhol Foundation v. Goldsmith'

    The Second Circuit recently issued a decision on fair use in 'Warhol', which was followed shortly later by a U.S. Supreme Court decision in 'Google'. The plaintiff in the 'Warhol' decision now contends that the two decisions do not reconcile. In this edition of their Copyright Law column, Robert J. Bernstein and Robert W. Clarida discuss the decisions and write that due to the strictly limited basis on which 'Google' was decided, they do not foresee that it would significantly impact the resolution of 'Warhol'.

    1 minute read

  • May 13, 2021 | The Mid Market Report

    Midsize Moves: An Affordable Housing Duo, an Energy Utilities Partner

    Herrick Feinstein added two new attorneys to the affordable housing team in its real estate department, Calfee Halter brought on an energy utilities partner, and other midsize moves.

    1 minute read

  • March 18, 2021 | New York Law Journal

    Recent Circuit Cases Address Implied Copyright Licenses

    In this edition of their Copyright Law column, Robert W. Clarida and Robert J. Bernstein discuss two cases that demonstrate that proving the copyright owner's intent in the absence of a written agreement—and in the face of strenuous disagreement by the copyright owner—can present a difficult evidentiary challenge for defendants.

    1 minute read

  • January 14, 2021 | New York Law Journal

    Dr. Seuss Meets Star Trek in the Ninth Circuit

    Copyright Law columnists Robert J. Bernstein and Robert W. Clarida discuss the Ninth Circuit's recent decision in 'Dr. Seuss Enterprises, L.P. v. ComicMix', in which the court held that ComicMix's illustrated book combining elements of several Dr. Seuss children's books with characters, themes and other features of the popular sci-fi series Star Trek was not a fair use of the Seuss material from which it had admittedly been "slavishly" copied.

    1 minute read

  • November 19, 2020 | New York Law Journal

    Copyright Preemption and the Right of Publicity

    Is a state law claim for unauthorized commercial use of an individual's name, voice or likeness—i.e., a right of publicity (ROP) claim—preempted by the federal Copyright Act, when the defendant violates the ROP by reproducing or otherwise exploiting a copyrighted work that embodies such name/voice/likeness? In this edition of their Copyright Law column, Robert W. Clarida and Robert J. Bernstein examine a recent case that addressed this issue.

    1 minute read

  • September 17, 2020 | New York Law Journal

    'Just the Facts, Ma'am': 'Fake Facts' Treated as Actual Facts in 'Jersey Boys' Dispute

    The U.S. Court of Appeals for the Ninth Circuit held that materials taken from an autobiography of Tommy DeVito (DeVito), an original member of the The Four Seasons (the band), and used in "Jersey Boys" (the musical), a Broadway musical depicting the band's history and hits, comprised facts and other noncopyrightable expression.

    1 minute read

  • September 1, 2020 | New York Law Journal

    Musician Eddy Grant Sues Trump, Campaign Claiming Unauthorized Use of 'Electric Avenue'

    Trump's tweet remains available on Twitter, and had been retweeted more than 138,000 time as of Tuesday afternoon.

    1 minute read

  • July 23, 2020 | New York Law Journal

    Copyright Termination Rights and Loan-Out Companies

    Robert W. Clarida and Robert J. Bernstein discuss whether recording artists who transferred their rights to record labels through so called "loan-out" companies are entitled to any termination rights at all under Section 203 of the Copyright Act.

    1 minute read