Section Newsletters

Articles From Beverly A. Berneman

Bankruptcy Sale or Termination of Copyrights. Which One Rules? By Beverly A. Berneman & Victoria R. Lieberman Commercial Banking, Collections, and Bankruptcy, June 2024 A battle between a record company and the members and heirs of a famous rap group is brewing in the Southern District of Florida. The primary issue is whether an author’s ability to terminate a transfer of rights under the Copyright Act is negated by a bankruptcy court order permitting a sale of the author’s works.
Bankruptcy Sale or Termination of Copyrights. Which One Rules? By Beverly A. Berneman & Victoria R. Lieberman Corporate Law Departments, June 2024 A battle between a record company and the members and heirs of a famous rap group is brewing in the Southern District of Florida. The primary issue is whether an author’s ability to terminate a transfer of rights under the Copyright Act is negated by a bankruptcy court order permitting a sale of the author’s works.
Emerging Tools for Combating Deep Fakes By Beverly A. Berneman Intellectual Property, June 2024 As the technology evolves, so does the law. The law may lag behind the technology, but anyone using, publishing, or distributing generative artificial intelligence of a celebrity should be cautious.
Bankruptcy Sale or Termination of Copyrights. Which One Rules? By Beverly A. Berneman & Victoria R. Lieberman Commercial Banking, Collections, and Bankruptcy, May 2024 A battle between a record company and the members and heirs of a famous rap group is brewing in the Southern District of Florida. The primary issue is whether an author’s ability to terminate a transfer of rights under the Copyright Act is negated by a bankruptcy court order permitting a sale of the author’s works.
Bankruptcy Sale or Termination of Copyrights. Which One Rules? By Beverly A. Berneman & Victoria R. Lieberman Intellectual Property, March 2024 A battle between a record company and the members and heirs of a famous rap group is brewing in the Southern District of Florida. The primary issue is whether an author’s ability to terminate a transfer of rights under the Copyright Act is negated by a bankruptcy court order permitting a sale of the author’s works.
Royalty Payments Treated as Dischargeable Debt in Bankruptcy By Beverly A. Berneman Intellectual Property, June 2023 In a bankruptcy reorganization case, an obligation to pay royalties for the use of intellectual property is usually covered by a license. However, royalties paid after the sale of intellectual property require a different analysis. In Sanofi-Aventis U.S. LLC v. Mallinckrodt PLC, the U.S. District Court determined that royalties were a pre-petition debt that was dischargeable in bankruptcy. 
Copyright Damages and the Statute of Limitations By Beverly A. Berneman Intellectual Property, December 2022 The Copyright Act limitations to file suit for infringement is three years. Some plaintiffs aren’t quickly aware of the infringement, so some districts apply a “discovery rule” to extend the permitted filing time. Whether a plaintiff is entitled to damages for the gap between the initial infringement date and the complaint filing is neither clear nor consistent.
Copyright Small Claims Court: It’s Almost Ready By Beverly A. Berneman Intellectual Property, March 2022 On December 27, 2020, Congress enacted the Copyright Alternative in Small Claims Enforcement Act (CASE Act). The CASE Act establishes a small claims court for copyright infringement cases. The law requires the Copyright Office to establish a Copyright Claims Board within one year to hear the claims.
SAG-AFTRA Welcomes Influencers By Beverly A. Berneman Intellectual Property, December 2021 “Influencers” are a growing group of performers who use social media to affect purchasing decisions of others through their knowledge, position, or relationship with their audience. Influencers often create content that is unique and attention-grabbing. SAG-AFTRA is the union for movie, television and radio performers. Membership in SAG-AFTRA comes with attractive benefits for performers. SAG-AFTRA is now allowing influencers to become members of the union. An influencer’s on-camera (audio and/or video) performances in the content they create for an advertiser will now be considered union-covered services and allow union pension and health contributions to be made.
Important Changes to Copyright and Trademark Law By Beverly A. Berneman Intellectual Property, March 2021 When the Consolidated Appropriations Act of 2021 was signed into law, it included the Copyright Alternative in Small Claims Enforcement Act and the Trademark Modernization Act, which made significant changes to our intellectual property law.
Innovation Transformation: Creative Sparks Generated From Disruption and Intellectual Property Solutions By Beverly A. Berneman Intellectual Property, December 2020 The disruption caused by COVID-19 and the resulting economic downturn sent a lot of businesses reeling. March 2020 began a dark time in almost every business sector. However, some businesses used these disruptions to generate creative sparks. The creative sparks manifested in different ways. Some businesses finally got to those great ideas they never had time to explore before. Others reshaped their business models. The prevailing theme in these changes was the creation of Intellectual Property to spur growth and find new sources of revenue. In other words, Innovation Transformation. The great thing about Innovation Transformation is that it has unlimited potential.   
Bankruptcy treatment of ipso facto clauses in intellectual property licenses By Beverly A. Berneman Commercial Banking, Collections, and Bankruptcy, February 2004 Attorneys who insert an "ipso facto clause" into an intellectual property license hope to give their client an "out" in the event that the other party files a bankruptcy.
Bankruptcy treatment of ipso facto clauses in intellectual property licenses By Beverly A. Berneman Intellectual Property, December 2003 Attorneys who insert an "ipso facto clause" into an intellectual property license hope to give their client an "out" in the event that the other party files a bankruptcy.
Bankruptcy treatment of ipso facto clauses in intellectual property licenses By Beverly A. Berneman Intellectual Property, December 2001 Attorneys who insert an "ipso facto clause" into an intellectual property license hope to give their client an "out" in the event that the other party files a bankruptcy.

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