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Pre-1972 Sound Recordings Could Kill the Radio Stars
November 20, 2014
Barry Werbin, Sharon A. O'Shaughnessy
New York State Bar Association EASL Blog
In a posting on the New York State Bar Association's EASL Blog, Barry Werbin and Sharon O'Shaughnessy discuss two recent decisions unfavorable to subscription-based satellite and Internet radio services provider Sirius XM Radio in its fight with Flo & Eddie, Inc., owner of the copyrights to master recordings of 1960's rock band The Turtles. 
Aereo and FilmOnX: Internet Television Streaming and Copyright Law
January 13, 2014
Barry Werbin
Congressional Research Report
Barry Werbin's WNET v. Aereo article was cited in a Congressional Research Report on Aereo and FilmOnX: Internet Television Streaming and Copyright Law. These Reports are provided to Members and Committees of Congress as background research on important legislative issues.
Google Books Is (Legally) "Transformative"
November 22, 2013
Barry Werbin
The New York State Bar Association EASL Blog
Barry Werbin and Bryan Meltzer had their article posted on the New York State Bar Association EASL Blog, regarding Southern District Judge Denny Chin's Nov. 14, 2013 opinion in the long-running "Google Books" case, The Authors Guild, Inc., et al. v. Google Inc.  Judge Chin granted Google summary judgment on its copyright fair use defense, finding that Google's mass digitalization and indexing of books for online search and specified research purposes was justified because it was "transformative."
Seltzer v. Green Day: Ninth Circuit Expands Copyright ''Transformative'' Fair Use to Street Art Embedded in Music Video
October 2013
Barry Werbin
Intellectual Property Today
Intellectual Property Today published an article by Barry Werbin entitled "Seltzer v. Green Day: Ninth Circuit Expands Copyright ''Transformative'' Fair Use to Street Art Embedded in Music Video."  The article analyzes the doctrine of transformative use, which has been applied with increasing frequency by courts as the core test of the "fair use" doctrine under Section 107 of the Copyright Act.  In the article, Barry analyzes transformative use as it related to a case involving the band Green Day's use of still photography of a California street artist's Scream Icon poster. 
WNET v. Aereo
April 1, 2013
Barry Werbin
The New York State Bar Association EASL Blog
Barry Werbin's article on the WNET v. Aereo decision by the Second Circuit (now on appeal to the Supreme Court) was posted on the New York State Bar Association EASL Blog.
Labor Unrest in the NFL — What It Means for Sponsors, Television Partners and Licensees
February 11, 2011
Irwin A. Kishner, Matthew Pace
Sports Litigation Alert
Irwin Kishner, Matthew Pace and Rick Torres opine that a football strike or lockout would create potential problems for sponsors, broadcast partners and licensees. The article points out that creative materials are developed months in advance of their launch, meaning that sponsors must decide whether to invest time and money into creating and developing the materials, without knowing whether the next football season will be played as scheduled, delayed or cancelled entirely. Licensees, meanwhile, pay advances against royalties, and if the games aren't played, revenues from licensed merchandise will drop sharply.
Digital Battle Bots
February 2003
Barry Werbin
Metropolitan Corporate Counsel
Barry Werbin writes about the new breed of copyright litigation spawned by the digital era.
YES
May 2002
Irwin A. Kishner, Daniel A. Etna
The Metropolitan Corporate Counsel
Irwin Kishner and Dan Etna co-author this article on the formation of the YES television network.
Contract Law Finding Right Fit On-Line
November 13, 2001
Barry Werbin
New York Law Journal
Barry Werbin writes about accepting "terms of use" for website users.