Want to better understand the elusive distinction between idea and expression when assessing substantial similarity in a copyright litigation matter? Take a look at the first of nine primers I…Continue reading Initial Primer: Distinguishing Between Idea and Expression When Determining Substantial Similarity in Copyright Infringement
Whether embedding or framing violate the display right in §106(5) of the Copyright Act continues to divide the courts. The Ninth Circuit’s server test has been rejected by Brietbart and other district court cases and Instagram will no longer grants sublicenses to users who seek to embed content posted on its site. Whether internet sites will face liability for embedding going forward is increasingly likely. …Continue reading Does Embedding/Framing Violate the Display Right?
Here is an edited transcript of a talk I gave at my old firm, Tannenbaum Helpern, about drafting key provisions in an intellectual property license and suggestions about…Continue reading The Art of the Deal: How to Draft and Negotiate an IP Deal
Andrew, joined by his colleagues Mark Grossman and Don Prutzman, will speak at the firm on Thursday morning January 24, 2013, on the art of the deal: how to…Continue reading The Art of the Deal: Successfully Negotiating Intellectual Property and Technology Transactions
The oral argument in WNET et al. v. Aereo before the 2d Circuit panel of Judges Denny Chin and Christopher Droney and Eastern District Judge John Gleeson was long (more…Continue reading Oral Argument in the Second Circuit in Aereo Makes Predicting the Outcome Not for the Faint of Heart
Innovation breeds copyright litigation. The scenario is often the same. The copyright holder whose market share is eroded by the innovative product claims it infringes its statutory-protected rights. The technologist…Continue reading Will Aereo’s Internet Streaming Service Survive Second Circuit Review?
I will speak at a GOAL (Global Outsourcing Association of Lawyers) webinar on July 10, 2012 re one of the most significant changes to the Internet, ICANN’s expansion of…Continue reading Andrew to Speak on July 10 at Webinar Sponsored by GOAL About ICANN’s New gTLDs
Thankfully the Second Circuit in Viacom v. YouTube has reversed Judge Stanton’s see no evil, speak no evil opinion which had granted summary judgment to YouTube. But in response to…Continue reading As a result of Viacom v. YouTube the Future of the Red Flag Standard in DMCA Litigation Is Black
Andrew will speak to the Intellectual Property and Technology Association at Cornell Law School on Tuesday evening March 26, 2012 on How Brands May Protect Themselves Against New Forms…Continue reading Andrew Berger to Speak at Intellectual Property and Technology Association at Cornell Law School on Brand Protection
Andrew will moderate a panel discussion at the ABA Litigation Section’s Annual Conference in D.C. The topic will be “Internet and Social Media in the Forefront: Current Hot Issues and…Continue reading Andrew to Moderate Internet Hot Topics Discussion at the ABA Litigation Section Annual Conference in D.C.