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New York City Bar Association PodcastAuthor: New York City Bar Association
Podcast by New York City Bar Association Language: en Genres: Government Contact email: Get it Feed URL: Get it iTunes ID: Get it |
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The Server Test and Substantial Similarity: Assessing the Second and Ninth Circuit’s Divergent Approaches to Copyright Law
Thursday, 4 June, 2026
In this episode, a panel of legal experts discusses the different approaches taken by the Second and Ninth Circuits on two key areas of copyright law: substantial similarity and the Server Test. Presented by the New York City Bar Association’s Copyright & Literary Property and Entertainment Law Committees, the panel explores recent and emerging case law and the Second and Ninth Circuits’ divergent approaches to analyzing substantial similarity, a key element of copyright infringement, as well as the ongoing debate surrounding the Server Test, which addresses whether the posting of online content constitutes a “display” within the meaning of the Copyright Act. Moderated by Dwayne Amos, Associate at Kasowitz LLP, the episode features a panel of leading copyright litigators and experts, including: • Barry Werbin, Counsel, Herrick Feinstein LLP • Aaron Moss, Partner, Mitchell Silberberg & Knupp LLP and author of the Copyright Lately blog • Marc Lebowitz, Principal, Lebowitz Law Office • James Bartolomei, Of Counsel, Duncan Firm The wide-ranging discussion covers the practical implications of these divergent approaches for copyright owners, litigators, content creators, online platforms, forum selection, free speech, and the application of copyright law nationwide. This episode was produced by Jose Landivar, Senior Associate at Coates IP LLP, with contributions from Philippa Loengard, Executive Director, Kernochan Center for Law, Media and the Arts and Lecturer in Law at Columbia Law School, and support from the New York City Bar Association Communications Team. Copyright Lately: Creative Law for Curious People – www.copyrightlately.com
