Columbia Law School INTELLECTUAL PROPERTY AND TECHNOLOGY NEW YORK IS OUR LABORATORY
Columbia Law School
INTELLECTUAL PROPERTY AND TECHNOLOGY
N E W Y O R K I S O U R L A B O R A T O R Y
1 WELCOME
2 COPYRIGHT
3 TRADEMARK
4 PATENT
5 INTERNATIONAL INTELLECTUAL PROPERTY
6 INTERNET AND COMMUNICATIONS
7 THE INTERNET AND SOCIETY
8 IP AND ENTERTAINMENT LAW
9 ALUMNI IN PRACTICE
10 KERNOCHAN CENTER FOR LAW, MEDIA AND THE ARTS
12 FACULTY PORTRAITS
14 CURRICULUMINTELLECTUAL PROPERTY LAW
In the knowledge-based global economy of the 21st century,
no field is more important than intellectual property. And
it is a very exciting time to study IP law at Columbia Law
School. We have attracted faculty members who are leading
global conversations about the development of digital
technology law, artists rights, and how intellectual property
concepts impact art, science, media, and society. Moreover,
it is not just our faculty that makes Columbia Law Schools
intellectual property program great, but also our location in
the international nexus that is New York City.
In New York, you realize the effect the law has or doesnt
have on creation, says Professor Tim Wu. Scholars are more
useful the closer they are to the facts of the world, and working
in a major market for commerce, communications, and
science is fertile ground for scholarship and practice in IP
law and technology.
For students, the city is a kind of laboratory. Only a short
subway ride separates us from CEOs of media companies,
leading practitioners, and judges presiding over significant
court cases. These experts are invited to lecture in classes and
at conferences, and our students have opportunities to work
with them. This is a type of access few law schools can offer,
and it affords us a unique position in the legal academy.
Columbia Law School can trace its roots in IP law to well
before the concept was familiar to most peopleto Professor
John Kernochan 48. His 196667 seminar looked at the nature
and operation of copyright law in the context of technological
advances (such as the photocopying machine) affecting the
exploitation of music, literature, and other art forms.
The technological changes we have seen since Professor
Kernochans day are simply staggering. Today our faculty
members are driving policy on myriad issues of ownership and
privacy brought about by the digital revolution. The future will
be filled with many more delicate and vital issues that will be
addressed by lawyers like you.
We invite you to take a closer look at Columbia Law
Schools IP curriculum and to join us here in Morningside
Heights and the laboratory that is New York.
welcom
eWelcome
1
In our age of technology and information, protecting the
rights of artistic creators has become a daunting task. At
the forefront of this challenge is Professor Jane Ginsburg,
a leading intellectual property scholar and longtime
defender of authors rights. Rapid technological change,
she notes, tests the limits of copyright law and pressures
the legal system to deal continually with new issues.
Previously, the universe of entities that could infringe
copyright was limited to professional, private, and com-
mercial intermediaries, says Ginsburg. Now to that equa-
tion you have to add everyone on the Internet who has the
means to infringe copyright on a grand scale.
Copyright infringement is a legal challenge that
crosses borders and jurisdictions. Students explore these
challenges with Ginsburg in her course, International
Copyright Law. The course addresses international
copyright and related rights agreements and their imple-
mentation in U.S. and EU law. It also introduces students
to issues and the conict of laws that arise at the intersec-
tion of intellectual property and private international law.
Students can also gain experience in the practice of
copyright law through an externship. Combining a seminar
with fieldwork at a New York City law firm, students work
under the supervision of practicing attorneys to represent
actual pro bono clients in real copyright disputes.
THE GROUND RULES FOR INFORMATION
Professor Tim Wu is known in the wired world for coin-
ing the phrase network neutrality, which represents the
principle that information carriers should carry Internet
information equally and not discriminate in favor of
certain content. To describe it, he uses the analogy of the
nations electric grid. The grid doesnt care if you plug in a
toaster, an iron, or a computer, he says. What worked for
the radios of the 1930s works for todays at-screen TV.
Its a model of a neutral, innovation-driven network.
Wu sees in copyright the ground rules that help deter-
mine which information ourishes in our society. He plays
down the Wild West reputation of the Internet, saying
that e-businesseseven the corporate giantsneed govern-
mental support to function well and stay safe from fraud.
copy
righ
tCopyright
2
TRADEMARK: AN EVOLVING SUBJECT
Because of domain names, web pages, and Internet
advertising, the trademark field has grown a great deal in
recent years and has brought trademarks to peoples atten-
tion, says Professor Jane Ginsburg, the author of several
respected books on the subject. She notes that as one of the
reasons an advanced seminar in litigating trademark and
copyright disputes was added to the IP curriculum. Taking
a very hands-on approach, the seminar engages students in
the litigation of realistic hypothetical cases.
Ginsburgs interest in this area has taken a multidisci-
plinary turn through a workshop she led with colleagues
at the University of Cambridge in England. That workshop
looked at trademarks not only from a legal point of view,
but also from the perspectives of marketing, anthropology,
geography, economics, philosophy, and linguistics.
PROTECTING THE BRAND
Professor Clarisa Long teaches a course that introduces
students to the law of trademarks, trade secrets, and other
branches of unfair competition law. Among the topics the
course addresses is trademark dilution, an issue Long has
explored in detail. The Lanham Actwhich governs trade-
marksprohibits the use of a trademark by another com-
pany in a way that would cause confusion among consum-
ers. For instance, a jeweler not associated with Tiffany & Co.
cannot use Tiffanys name. Trademark dilution law goes a
step further, saying that the use of a famous trademarked
name can be disallowed even if that use does not create con-
fusion among consumers but merely dilutes the unique-
ness of the brand name. In her comprehensive empirical
study titled Dilution, which appeared in the Columbia
Law Review, Long found that the rate at which judges sided
with trademark holders that brought these cases has fallen
sharply. Indeed, courts have found ways to limit the effec-
tiveness of the statutea rare instance of the shrinkage
of the scope of intellectual property rights in recent years.
Still, Congress has amended the law to undo many of the
limitations courts had put on the statute.
trademark
Trademark
Professor Clarisa Long
3
Patent
PATENTS IN THE MAINSTREAM
Patent law was once perceived as a slow-paced, esoteric
specialty, isolated from the general development of law both
by virtue of the technical specialization that was required to
practice it and the sense that patents did not matter much,
says Professor Harold S.H. Edgar 67. Much has changed.
With an exponential increase in patent litigation
and the increasingly complex technology involved, Edgar,
a patent expert on the Law School faculty, has seen this
area of the law evolve into one that law students are eager
to understand.
Patent law is the quintessential legal institution that
seeks to give people property rights on information, and
its expansion has made it an enormously interesting area
of legal practice, says Edgar.
As a fellow and former chairman of The Hastings Center,
a nonprofit bioethics research institute, Edgar is interested
in the intersection of patents and bioethics. He has been
asking important questions for decades and taught what
may have been the first bioethics class in any American law
school in the 1970s. One issue he raised back then was about
a futuristic technology now known as in-vitro fertiliza-
tion. Today, he is still exploring the legal aspects and moral-
ity of patenting biological material, such as stem cells.
AN INTERDISCIPLINARY APPROACH
Professor Clarisa Long takes an interdisciplinary and
comparative approach to IP. Long was a molecular biolo-
gist before going to law school, and a patent attorney in the
biotech area before going into academia. She is still a regis-
tered patent prosecutor and advises companies frequently
on the strategic use of their intellectual property. Long has
published several articles that address the roles and costs
of patents in disseminating technological information. She
pushes students to consider why, for example, the copyright
code has evolved significantly over the past 100 years, while
patent law has experienced little change. They are both
exciting fields of law addressing many similar problems,
but they are evolving in different ways, she says. Long has
also written about the way the Patent and Trademark Office
has maneuvered to become more politically powerful in the
past two decades, and what effect such agency politics has
had on the development of patent law.
Taking a theoretical perspective, Long encourages stu-
dents to look at law and economics together to understand
IP. Economics is a useful tool for helping determine what
the law should be, she says.
pate
nt
4
internation
al ipIP IN A BORDERLESS WORLD
Today, intellectual property is, by its very nature, inter-
national in scope, as illustrated through the work of
Professor Jane Ginsburg. She serves as vice president of
the Association Littraire et Artistique Internationale, a
Paris-based international organization created to promote
and defend authors rights, and as president of that organi-
zations U.S. chapter.
Ginsburg was also among the principal reporters for
the American Law Institute project, Intellectual Property:
Principles Governing Jurisdiction, Choice of Law, and
Judgments in Transnational Disputes. Presented in
January 2015 at a seminar held in Geneva at the head-
quarters of the World Intellectual Property Organization,
the project is prompting new collaborations in resolving
international IP disputes.
With the help of student research assistants, Ginsburg
recently completed a major empirical study at the Vatican
in Rome. Begun in 2009, the study analyzed papal privi-
leges and the role authorship played in this precursor
system to copyright.
Among the members of Ginsburgs Team Latin
was Jack Browning 13, a former editor-in-chief of the
Columbia Journal of Law and the Arts who joined Davis
Wright Tremaine this past fall. There was a Tomb-Raider
aspect to Professor Ginsburgs research, he says. She
would periodically disappear into the mysterious Vatican
Secret Archives and emerge with new manuscripts for us
to translate. It was exciting.
A GLOBAL COMMONS IN CYBERSPACE
A pioneer in the free software movement, Professor Eben
Moglen rejects the notion of proprietary software, which
he says is detrimental to not only economic innovation,
but also to a free and democratic society.
Closely involved with the Free Software Foundation
and its GNU General Public License (GPL) for more than
two decades, Moglen helped create a public process for the
discussion and adoption of the GPLv3the current version
of the worlds most widely used free software license. The
GPL creates a global commons in cyberspace.
We institutionalized sharing and the result was a
burst of creativity, says Moglen. He points out that the
majority of mobile computing devices on earth today are
Android, which are based on free and open-source software
(FOSS). The worlds largest IT firms, energy companies,
and investment banks cant exist or operate without it.
In an address before the European Parliament, Moglen
underlined the importance of technology that individual
users can understand and modify in preventing outright
political oppression. Sharing is how knowledge grows,
he said, owning is how it shrinks.
Toward that end, in 2005 Moglen founded the Software
Freedom Law Center and serves as its director-counsel.
The center provides pro bono legal services for nonprofit
developers of free and open-source software on such issues
as patents, trademarks, and licensing. Moglen views the
center as an opportunity to train students in a field criti-
cally important to the future of a free society and regularly
offers internships for law students.
To learn more about the Software Freedom Law Center,
visit www.softwarefreedom.org.
International IP
5
PRESERVING FAIRNESS IN COMPETIT ION
In February 2015, the U.S. Federal Communications
Commission (FCC) voted to regulate the Internet like a
public utility to ensure that no content is blocked or given
priority treatment, an approach known as net neutrality,
a term coined by Professor Tim Wu in a law review article
more than a decade ago.
Net neutrality, long in existence as a principle, has
been codified in a way that will likely survive court
scrutiny. This marks the beginning of an entirely new
era of how communications are regulated in the United
States, says Wu.
In his course Antitrust and Trade Regulation, Wu
focuses on the way in which new technology challenges
the application of traditional antitrust principles. He
has also developed an interdisciplinary course with
Columbia Business School that introduces students to the
unusual regulatory and business challenges in the media
industries. Wu, a former senior adviser to the Federal
Trade Commission, recently served as special adviser to
New York State Attorney General Eric T. Schneiderman on
issues of technology, competition, and Internet policy.
inte
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s Internet and Communications
PREVENTING THE ANTICOMMONS
How do theories of real prop-
erty interact with the study of
intellectual property? There
are two kinds of property in
the academic portfolio of
Professor Michael A. Heller:
real propertythe stuff of
dirt, bricks, and mortarand
intellectual property. Just as
a single landholder can stand
in the way of a city looking to
revitalize its downtown, so
can the holder of a molecular
patent stall future discoveries
in medicine.
In his work on The Tragedy
of the Anticommons, Heller
draws on post-socialist transi-
tion and biomedical research
to show how the creation of
too many private property
rights can be as costly as
creating too few. He points
to the telecommunications
industry and efforts to shut
down Verizons national wire-
less broadband service.
Wireless broadband exists
in an IP environment rich with
thousands of patents, Heller
says. Owners of any one of
those patents, including the
most trivial, can potentially
wreck the downstream invest-
ment that actually fuels U.S.
economic activity.
Professor Thomas W. Merrill
is also interested in the
intersection of property theory
and intellectual property. One
of his studies compares first
possession and accession as
principles of original acquisition
of property. That research
has significant relevance to
intellectual property and
efforts at determining rights
to derivative works.6
Professor Tim Wu
The Internet and Societyth
e intern
et & society
PRESERVING PRIVACY AND FREEDOM
Professor Eben Moglen warns against the threats to a free
Internet, and therefore to a free society, from national and
private surveillance. The network of computers and con-
nected devices that we call the Internet is taking over ever
more crucial functions in our daily lives, says Moglen,
who began building software as a professional program-
mer at age 13. As a result, our political and civil freedoms
come to depend on the details of how that technology
works. While the Internet originally began as a peer-to-
peer network without the mediation of a central factor,
the software that came to dominate it was built around a
very different premise. With server client architecture
web users went from being colleagues to customers whose
actions were routed by central servers. Today, billions of
web servers are concentrated in only a few hands.
Corporate surveillance for commercial purposes is
merely hidden, not secret, says Moglen. Its hidden in
your Terms of Service, your free email account, and in
every like or tweet. And its not your publishing that is
under surveillance; its your reading. The anonymity of
reading is the central, fundamental guarantor of freedom
of the mind, he says. Without anonymity in reading,
there is no freedom of mind.
As Moglen noted in testimony submitted to a House
subcommittee, Facebook holds and controls more data
about the daily lives and social interactions of half a billion
people than 20th century totalitarian governments ever
managed to collect.
The answer, Moglen says, is to change the architecture
of the Internet. To that end, Moglen launched the Freedom
Box Foundation. Were building software for smart
devices whose engineered purpose is to work together to
facilitate free communication among peoplesafely and
securely, says Moglen. The Freedom Box is a small personal
server, the size of a mobile charger that operates outside
government or corporate control. They can make freedom
of thought and information a permanent, ineradicable
feature of the net, he says.
Among the courses taught by Moglen is Computers,
Privacy, and the Law. The course looks at the relationship
between citizens, their States, and the Internet and examines
where citizens stand in relation to State power now that
digital technology is reorganizing humankind. At a recent
lecture Moglen told students that it would be up to them
as future lawyers to ensure people can maintain a sense of
privacy in a world in which nearly everyone carries a GPS-
enabled smartphone. Before the end of your lifetimes,
were either going to have found a way to use this technology
for good and save human autonomy, or we wont.
Professor Eben Moglen
PREVENTING THE ANTICOMMONS
7
Columbia Law School prepares students for leadership
roles and a lifetime of opportunities. From trial
lawyers and corporate counselors to heads of state and
business leaders, our alumni are reshaping the law
and the world. They have also helped conceptualize and
facilitate some of the most groundbreaking work in
the entertainment field.
As president and CEO of Viacom, Philippe Dauman 78
oversees one of the worlds largest media portfolios, which
includes Paramount Pictures, MTV, VH1, BET, Comedy
Central, and Nickelodeon, among others. Nina Shaw 79
co-founded Del, Shaw, Moonves, Tanaka, Finkelstein
& Lezcano, one of the top entertainment law firms in
Hollywood. In 2006, Dara Altman 83 joined Sirius XM
Radio, a company that was charting new territory in an
old medium. Today, she is the executive vice president and
chief administrative officer for the satellite radio pow-
erhouse. Stan Kasten 76, is a partner in the group that
owns the Los Angeles Dodgers and now runs the team.
Kasten, a longtime baseball executive, is the former presi-
dent of the Atlanta Braves and the Washington Nationals.
During his three-decade tenure as commissioner of the
National Basketball Association, David J. Stern 66 trans-
formed the NBA into a global phenomenon.
As a Law School student and soon-to-be best-selling
author, Brad Meltzer 96, had a personal interest in
Professor Ginsburgs copyright course. Thanks to what
I learned from Professor Ginsburg and other professors,
Im all over every contract, whether negotiating the book
contracts or the movie rights, says Meltzer. Known for
his political thrillers on The New York Times best-sellers
list, he also hosts a show on the History Channel.
IP and Entertainment Law
New York City is home to renowned cultural
institutions and major media companiesan
ideal training ground for students looking
to pursue careers related to the arts, sports,
and entertainment fields.
ip &
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aw
8
Alumni in Practicealu
mn
i in practice
Among the highlights of his Columbia Law School
experience was conducting copyright research in French
for Professor Ginsburg, who is an expert in both French and
U.S. copyright law. She has the comparative experience and
broad-minded approach that few professors have, he says.
Working with her was a life-changing experience.
After graduation, Oddos joined MicroStrategy Inc.a
global leader in business intelligence technologywhere he
is currently a senior corporate counsel.
JUMP-STARTING A CAREER IN IP LAW
Anthony Cheng 11 spent countless hours reading comic
books and playing board games while growing up. Those
hobbies proved to be more than childhood pastimes. After
graduating from college, the Chicago native spent a year
working for a software company and another year writing
about strategy games for industry magazines. In so doing,
he became interested in the copyright and intellectual
property issues that were shaping the industry.
During his time at the Law School, Cheng served as
managing editor of the Columbia Journal of Law & the Arts
and spent a summer working for Judge Kathryn E. Zenoff of
Illinois Appellate 2nd District. He also completed intern-
ships in the legal and business affairs department of A&E
Television Networks and at Volunteer Lawyers for the Arts.
Many law school students dont get the opportunity to
work directly in the field theyre interested in while in school,
he says, adding that he feels fortunate to have gained a head
start in the world of copyright, media, and entertainment law.
After graduation, Cheng moved to Denver, Colorado,
where he joined EchoStar, a global satellite services pro-
vider and developer of hybrid video delivery technologies.
He is currently associate corporate counsel, in-house attor-
ney, and transactional lawyer at EchoStar Corporation and
its subsidiary, Sling Media.
PROTECTING A LUXURY BRAND
Yen D. Chu 97 readily admits that she felt a bit out of place
during her first days as corporate and global compliance
counsel for the luxury fashion brand Ralph Lauren.
Im sure everyone looked at me thinking, The suit is
here, Chu recalls, adding that she quickly modified her stan-
dard corporate business attire with more fashionable options.
Fortunately, Chu, a native of Vietnam, is no stranger to
adapting, even in the toughest of situations. At the end of
the Vietnam War, she and her family fled their homeland
by boat, floating at sea for days before being rescued by the
Philippine Coast Guard. A young girl at the time, Chu sought
refuge with her mother and father through a church in
Minnesota and eventually settled there. The experience, she
says, has always motivated her to overcome obstacles.
Now, as an in-house counsel at Ralph Lauren, Chu not
only manages the companys governance and compliance,
she also provides advice to its senior management (includ-
ing Ralph Lauren himself) and its board of directors. You
are expected to connect the dots and understand the dif-
ferent pieces of the company, Chu says. You live with [the
brand] from day to day, and as the company evolves and the
law evolves, you have to keep both on a parallel track.
A LIFE-CHANGING EXPERIENCE
Sebastien Oddos 10 LL.M. holds a law degree from the
University of Paris, along with an LL.M. from Kings College
School of Law in London. But despite his advanced training
and experience as an intellectual property lawyer in France
and England, he still felt there was something missing.
You always want to know whats out there, Oddos says.
Especially in my field, you are always looking to the U.S.
9
Named for the late John Kernochan 48, the Nash
Professor Emeritus of Law, and a pioneering figure in
intellectual property law, the Kernochan Center was
established to contribute to timely research and a broader
understanding of the legal aspects of creative works of
authorship, including their dissemination and use.
The Kernochan Center is a facilitator of Columbia Law
Schools curricular development on topics of copyright,
trademarks, the regulation of electronic media, and prob-
lems arising from new communications technologies, as
well as law and the visual arts, law and theater, law and
sports, law and music, law and film, and the international
aspects of intellectual property. The center also sponsors
the Arts Law Externship and advises the students who
publish the Columbia Journal of Law & the Arts.
With its New York City locationamid renowned
cultural institutions and major media and entertainment
headquartersthe center is a nexus of scholarship and
activity, bringing industry leaders and alumni to campus
for ongoing events and networking with students.
The Kernochan Center is led by Professor Jane
Ginsburg, director; June Besek, executive directive;
and Philippa Leongard 03, assistant director.
SUMMER INTERNSHIPS
Each year, the Kernochan Center facilitates summer
internships with nonprofit organizations focused on
media and arts law.In past summers, interns have
worked for Wikimedia, the Metropolitan Museum of
Art, the New York Public Library, the International
Foundation for Art Research, the San Francisco City
Attorneys Office (with the attorney primarily responsible
for arts-related issues), the Dramatists Guild, Lincoln
Center for the Performing Arts, and public television
stations in New York and Los Angeles.
Kernochan Center for Law, Media and the Arts
Professor Jane Ginsburg with Morton L. Janklow 53,
founder and chairman of Janklow & Nesbitt Associates,
the worlds largest literary agency.
One of the Law Schools core strengths
in IP education is the Kernochan Center for
Law, Media and the Arts, which has trained
IP professionals for almost two decades.
10
IN IT IATIVES
KeepYourCopyrights.org
The Kernochan Center marked the 15th anniversary of
the Morton L. Janklow Chair in Intellectual Property Law
with the launch of a new website designed to help artists
and writers retain control of their copyrights and manage
those rights throughout their careers.
MANGES LECTURE
The annual Horace S. Manges Lecture and Conference
Fund was established at the Kernochan Center by the
law firm of Weil, Gotshal & Manges in 1986 in memory
of its esteemed partner and leader in the copyright field
Horace S. Manges 19. Each year, a leading voice in
intellectual property presents a lecture on a timely topic.
SYMPOSIA AND SPEAKER SERIES
Alumni in IP is an ongoing series that brings Law School
alumni to campus to share their experience with stu-
dents. Recent guests have included Joshua Schiller 08,
associate, Boies, Schiller & Flexner; Aditi Venkatesh 11,
corporate and commercial counsel, Ralph Lauren; Daniel
Nemet-Nejat 10, associate, Davis & Gilbert; and Anna
Kadyshevich 10, associate, Frankfurt Kurnit Klein & Selz.
Copyright Outside the Box examined concepts of author-
ship in the context of computer-generated works, as well
as works on the fringes of copyright such as typefonts,
yoga sequences, and tattoos. The symposiums keynote
speaker was Rob Kasunic, associate register of copyrights
and director of registration policy and practices, U.S.
Copyright Office.
Creation is Not Its Own Reward: Making Copyright Work
for Authors and Performers featured two Pulitzer-prize
winners: author T.J. Stiles and playright Doug Wright.
Whos Left Holding the [Brand Name] Bag? Secondary
Liability for Trademark Infringement on the Internet
was a symposium that explored the contours of secondary
liability for trademark infringement online from domestic
and international perspectives and discussed proposals for
a secondary liability regime that would better secure the
rights of trademark owners without interfering with the
Internet marketplace.
Maria Martin Prat, head of the Copyright Unit in the European
Commission, Internal Market Directorate General, discussed the
future of copyright in the European Union at the 27th Annual
Horace S. Manges Lecture.
kernochan
center
11
Faculty Portraits
Patent law is the
quint essential
legal institution
that seeks to give
people property rights on
information, says Harold S.H.
Edgar 67, the Julius Silver
Professor in Law, Science, and
Technology. Edgar served as the
reporter for the UNESCO
International Committee on
Bioethics, which drafted the
International Declaration on
Human Rights and the Human
Genome, subsequently adopted
by UNESCO and approved by
the United Nations.
Jane C. Ginsburg,
the Morton
L. Janklow
Professor of
Literary and Artistic Property
Law, is a staunch defender of
the rights of artistic and
literary creators. Ginsburg
serves as vice president of the
Association Littraire et
Artistique Internationale, a
Paris-based international
organization founded in 1878
to promote and defend
authors rights. She is also an
elected member of the British
Academy, the American
Philosophical Society, and the
American Academy of Arts and
Sciences. The author of several
classic casebooks, Ginsburg is
a popular visiting professor
and guest speaker at presti-
gious conferences around the
world. ChIPs, a nonprofit
organization that promotes
the education, advancement,
and retention of women in
intellectual property and
technology, inducted Ginsburg
into their 2015 Hall of Fame.
Ginsburg shared the honor
with her mother, Justice
Ruth Bader Ginsburg 59.
Michael A. Heller,
the Lawrence A.
Wien Professor
of Real Estate
Law, decided on a teaching
career while working as a
consultant to the World Bank
and teaching a seminar at Yale
Law School. During a given
week, I might be negotiating
student paper topics in New
Haven and a World Bank loan in
Budapest, he says. The
contrast was stark, and it
favored teaching. The term
tragedy of the anticommons
was originally coined in his
1998 Harvard Law Review
article of the same name.
Prior to becoming
a lawyer, Clarisa
Long, the Max
Mendel Shaye
Professor of Intellectual
Property Law, worked for a
biotech company that was
patenting its research. She soon
became the liaison between the
scientists and patent lawyers
an experience that piqued her
interest in the links among the
scientific, legal, and regulatory
communities. Later, while in law
school at Stanford, she wrote
and filed patents with the
Patent and Trademark Office.
Ronald Mann,
the Albert E.
Cinelli Enterprise
Professor of Law,
is a nationally recognized
scholar and teacher in the fields
of commercial law and elec-
tronic commerce. He clerked for
Judge Joseph T. Sneed on the
9th Circuit Court of Appeals and
for Justice Lewis F. Powell Jr.
of the U.S. Supreme Court.
After three years in private
practice, he worked for the
Justice Department as an
assistant for the solicitor
general of the United States.
He co-authored the first
American legal casebook on
electronic commerce.
The research
interests of
Thomas
W. Merrill,
the Charles Evans Hughes
Professor of Law, include
administrative law, environmen-
tal law, and property theory.
Coming to Columbia from
Northwestern University Law
School, his tenure at
Northwestern was marked by a
three-year sabbatical during
which he served as deputy
solicitor general in the
Department of Justice.
Professor
Eben Moglen
is a central
figure in the
free software movement,
which seeks to eliminate the
proprietary nature of computer
code. Moglen is founder and
director-counsel of the Software
Freedom Law Center, an
organization that provides
legal services and representa-
tion to protect and advance free,
libre, and open source software
(FLOSS). The center has filed
amicus briefs with the Supreme 12
Court arguing that software is
not a patentable subject matter.
No patent law consistent with
the U.S. Constitution can permit
monopolization of abstract
ideas, says Moglen.
Tim Wu, the
Isidor and Seville
Sulzbacher
Professor of Law
and Director of Columbia
Journalism Schools Saul and
Janice Poliak Center for the
Study of First Amendment
Issues. In 201112, he served as a
senior adviser to the Federal
Trade Commission. In fall 2015,
Wu served on the executive staff
of New York Attorney General
Eric T. Schneiderman, as a
special adviser on technology,
competition, and Internet policy
and legal issues. He is the
recipient of numerous awards,
including the World Technology
Award for Law, an honor
awarded for innovative work
with the greatest long-term
significance in a given field. Wu
says, The questions are: What
is the Internet going to become?
And what will that mean for our
culture and the kind of country
we live in, which is defined by
how we communicate?
Lecturers in law are practicing pro-
fessionals who take time out of their
careers to broaden and enliven the
educational experience of Columbia
Law School students.
Robert Balin
Partner, Davis Wright Tremaine; spe-
cializing in all aspects of media liti-
gation and counseling
June M. Besek
Executive director, Kernochan
Center for Law, Media and the Arts
Toby Butterfield
Partner, Frankfurt Kurnit Klein &
Selz; specializing in copyright, trade-
mark, digital media and commer-
cial matters for media and entertain-
ment companies, and designers and
manufacturers of luxury goods
Edward D. Cavanagh
Adjunct Professor; council member,
ABA Antitrust Section; adjunct
professor, St. Johns University
School of Law
Steven Chaikelson 93
Broadway producer; professor of
professional practice, Columbia
University School of the Arts
Tim DeMasi
Former partner, Weil
Gotshal & Manges; specializing in
patent litigation
Jonathan Donnellan
Deputy General Counsel,
Hearst Corporation
Kai Falkenberg 99
Visiting professor from practice,
Cardozo School of Law; former edi-
torial counsel, Forbes
Mavis Fowler-Williams 87
Principal, Intellectual Property and
Technology Law in the 21st Century;
specializing in intellectual property
agreements and entertainment and
patent law
Brett Frischmann
Adjunct professor; professor of law
and director, Intellectual Property
and Information Program, Cardozo
School of Law
Nicholas Groombridge
Partner, Paul, Weiss, Rifkind,
Wharton & Garrison; specializing in
patent litigation
David J. Kappos
Partner, Cravath, Swaine & Moore;
specializing in intellectual prop-
erty management and strategy, the
development of global intellectual
property norms, laws and prac-
tices, as well as commercialization
and enforcement of innovation-
based assets
Robert J. Kheel
Former partner, Willkie Farr &
Gallagher; now in private
practice, specializing in complex
commercial litigation, mediation,
and arbitration
Edward J. Klaris
Founding partner, Klaris IP; former
senior vice president, Cond Nast
Jo Backer Laird
Of counsel, Patterson Belknap
Webb & Tyler; specializing in all
aspects of art law
Henry Lebowitz 95
Partner, Fried, Frank, Harris,
Shriver & Jacobson; focusing on
intellectual property and patent law
Richard Z. Lehv 72
Partner, Fross Zelnick Lehrman &
Zissu; specializing in trademark,
copyright, and false advertising
Jane A. Levine
Senior vice president and worldwide
director of compliance, Sothebys
Philippa S. Loengard 03
Assistant director, Kernochan
Center for Law, Media and the Arts
David R. Marriott
Partner, Cravath, Swaine & Moore;
specializing in litigation and
alternative dispute resolution in
the areas of intellectual property,
securities, and antitrust
Hillel I. Parness 95
Founder, Parness Law Firm;
specializing in copyright,
trademark, and litigation
Hon. Jed Rakoff
Adjunct professor; U.S. District
Court for the Southern District of
New York
Hon. Robert D. Sack 63
Adjunct professor; U.S. Court of
Appeals for the 2nd Circuit
Thomas D. Selz
Founding partner, Frankfurt
Kurnit Klein & Selz; focusing on
entertainment law, copyright,
and trademark counseling for
film, television, new media,
and publishing
Teri D. Silvers
Former director of legal services at
Volunteer Lawyers for the Arts
Gerald Sobel
Special counsel and former
partner, Kaye Scholer;
specializing in patent and
antitrust litigation
Harold P. Weinberger 70
Former partner, Kramer Levin
Naftalis & Frankel; heading the
advertising group
facultyADJUNCT PROFESSORS AND LECTURERS IN LAW
13
For a complete listing
of courses, including
full descriptions and
faculty teaching, visit:
www.law.columbia.edu/courses.
LECTURES
ANTITRUST AND TRADE
REGULATION
Focuses on federal antitrust
laws and the ways in
which new technology
challenges the application of
traditional antitrust principles.
Common-law antecedents are
also considered.
COMPUTERS, PRIVACY,
AND THE LAW
An examination of emerging
constitutional issues
concerning individual liberty;
where we as people stand in
relation to State power now
that digital technology is
reorganizing humankind; and
what we can do about it.
COPYRIGHT LAW
An overview addressing
protection of works of author-
ship, ownership, transfer
of copyright interests,
infringement and fair use,
the Digital Millennium
Copyright Act, and related
constitutional issues.
PATENTS
The theory and practice of
patent law, including the law
of trade secrets.
TRADEMARKS
U.S. and comparative
trademark, dilution, and
unfair competition doctrines
are discussed.
INTERNATIONAL COPYRIGHT
Provides an understanding of
domestic copyright law in the
global context of multinational
agreements and other
international initiatives.
LAW IN THE INTERNET SOCIETY
Examines the legal ramifica-
tions of global technological
change, including data privacy,
copyright and intellectual
property, mass media structure,
freedom of speech, and the
effect on democratic politics.
UNFAIR COMPETITION
AND RELATED TOPICS IN
INTELLECTUAL PROPERTY
A course on the law of
trademarks and trade secrets
and how rights in information
are structured to sustain a
competitive process that is fair,
honest, and efficient.
SEMINARS
ADVANCED PATENTS
Current issues taken from
pending Federal Circuit
appeals and proposed
legislative reforms.
ART, CULTURAL HERITAGE,
AND THE LAW
A legal exploration of art and
cultural heritage, including
obligations of museums, art
dealers, auctioneers, and laws
on the recovery of looted art.
AUTHORS, ARTISTS,
AND PERFORMERS
The treatment of authors,
artists, and performers
under intellectual property
and how laws foster or
inhibit development of new
artistic works.
COMPARATIVE AND
INTERNATIONAL ANTITRUST
A comparison of approaches
in the U.S., the European
Commission, and other
selected jurisdictions, with
attention to the international
enforcement and harmoniza-
tion proposals that are pres-
ently under consideration.
CURRENT ISSUES IN COPYRIGHT
A lively discussion of current
and often controversial
issues, such as peer-to-peer
file sharing, technological
protection measures and their
effect on copyright, and the
public domain. Guest speakers
provide contrasting views.
DRAFTING AND NEGOTIATING
INTELLECTUAL PROPERTY
DOCUMENTS
Students gain hands-on
experience with documents
they will encounter in the field
CurriculumIntellectual Property Law
14
and develop practical drafting,
negotiating, and counseling
skill sets.
FALSE ADVERTISING LAW
A look at false advertising
law, litigation, and remedies,
including boundaries
between commercial and
noncommercial speech, with
attention paid to over-the-
counter and prescription drugs.
FEDERAL COURT LITIGATION:
TRADEMARK AND COPYRIGHT
A hands-on course in which
students litigate hypothetical
cases, conduct the deposition or
cross-examination of an expert,
and present the trial testimony
of a witness. They also write
pleadings, discovery requests,
and other litigation documents.
FIRST AMENDMENT AND THE
INSTITUTIONAL PRESS
A critical review of law
governing the gathering and
dissemination information by
print, broadcast, and Internet,
with attention to the medias
constitutional protections.
INFORMATION PRIVACY
Information privacy law
affects almost all businesses,
administrative agencies,
and individuals in the U.S.
today. This seminar explores
the proliferation of statutes
that give legal actors varying
amounts of control over
bundles of information that
are usually, but not always,
personal to an individual.
INTELLECTUAL PROPERTY IN
THE DIGITAL AGE
An exploration of the changing
nature of intellectual property
liability on the Internet and in
the broader digital world from
the 1960s to the present day.
Expect to discuss new
developments and topics that
arise during the semester.
LAW AND REGULATION OF
SOCIAL MEDIA
An examination of the potential
legal liability that users and
operators of social media
sites face, including the legal
challenges posed by the use of
social media in the workplace,
intrusions into privacy, the use
of copyrighted content in social
media, and how the courts are
addressing these issues.
LAW AND SPORTS
An overview of professional
and amateur sports to
understand relevant antitrust,
labor relations, and tax issues,
as well as the operations of
sports organizations.
LAW AND THEATER
Through writing mock
contracts and role-playing
negotiations, students
learn key legal issues and
examine the contracts involved
in creating and staging a
musical show and profiting
from it thereafter.
LAW AND THE FILM INDUSTRY
Case law, news articles, and
union agreements are used
to study the production,
distribution, and exhibition of
feature films.
LAW AND THE MUSIC INDUSTRY
Examines copyright, trademark,
and publicity rights pertaining
to relationships among
songwriters, composers, music
publishers, Internet music
services, and record companies.
LAW AND VISUAL ARTS
A discussion of museum policy
and governance, unique issues
for contemporary artists,
planning the legacies of artists
and collectors, and aspects of
copyright law as they pertain to
visual artists.
MEDIA LAW
A sweeping study of intellectual
property issues relating to the
media, as well as libel, privacy,
newsgathering, commercial
speech, advertising, and
web publishing.
PATENT LITIGATION
An interactive introduction
to patent litigation. Students
explore cutting-edge issues
through advocacy on behalf
of a hypothetical plaintiff and
defendant, applying written
and oral advocacy skills.
CLINICS
COMMUNITY
ENTERPRISE CLINIC
Through the Community
Enterprise Clinic, students
gain experience providing
high-quality transactional
representation for clients
that have ranged from a
Harlem charter school and a
graffiti art center to jewelry
designers and inventors.
Students work with clients
on a variety of legal matters,
such as choosing an
appropriate tax structure,
drafting leases and contracts,
and advising on trademark
and copyright issues.
curriculu
m
15
LAWYERING IN THE DIGITAL AGE
Columbia pioneered the
study of how technology
affects the practice of law.
Students learn contemporary
law practice through hands-on
experience using the digital
technologies that are reshaping
the profession.
EXTERNSHIPS
ARTS LAW
Students gain practical experi-
ence in intellectual property,
entertainment, and nonprofit
law as they assist staff attor-
neys at Volunteer Lawyers for
the Arts (VLA), an organization
that provides legal representa-
tion and education to low-
income artists and nonprofit
arts organizations. Students
work in VLAs office, assisting
attorneys with research, client
interviews and counseling, con-
tract negotiations, and other
in-house legal work. Students
attend weekly seminars taught
by Law School faculty, VLA staff
attorneys, and experienced arts
and entertainment lawyers.
COPYRIGHT DISPUTE
RESOLUTION
A weekly seminar addresses
the policies of copyright law,
the basic elements of copyright
litigation, and includes in-class
simulations such as conducting
a witness examination.
Through fieldwork, under the
supervision of attorneys at a
New York law firm, students
represent actual pro bono
clients in real copyright
disputes. As circumstances
permit, students may evaluate
a case, draft a complaint, work
up motions for a preliminary
injunction, prepare written
discovery, take and defend
depositions, draft motions,
participate in settlement
negotiations, and draft
licensing agreements.
JOURNALS
COLUMBIA JOURNAL OF LAW
AND THE ARTS
This journal focuses on legal
issues involving the arts, enter-
tainment, communications, and
intellectual property. It offers
timely articles on relevant
judicial decisions, legislation,
and policy issues. The articles
in the journal are written by
leading scholars and practitio-
ners, as well as by members of
the student editorial staff.
Visit: www.lawandarts.org.
COLUMBIA SCIENCE AND
TECHNOLOGY LAW REVIEW
This journal features articles
from scholars, practitioners,
and law students analyzing the
legal and policy issues brought
about by new developments
in science and technology.
Topic areas include, but are
not limited to, the Internet,
telecommunications,
biotechnology, nanotechnology,
computer law, and intellectual
property. Visit: www.stlr.org.
MOOT COURT
AIPLA MOOT COURT
The American Intellectual
Property Law Association
(AIPLA) Giles Sutherland Rich
Moot Court Competition is
named for one of the most
distinguished members of
the Court of Appeals for the
Federal Circuit. Through
participation in the AIPLA
Moot Court, students learn
the basics of IP law and the
appellate procedures of the
Federal Circuit.
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To Learn MoreFor more information about admissions and
intellectual property law at Columbia Law School:
ABOUT THE IP PROGRAM
Intellectual Property Lawwww.law.columbia.edu/intellectual-property
ADMISSIONS AND CURRICULUM
J.D. Admissions 212-854-2670
www.law.columbia.edu/admissions/jd
Graduate Legal Studies (LL.M. /J.S.D.)212-854-2655
www.law.columbia.edu/admissions/graduate-legal-studies
Courseswww.law.columbia.edu/courses
2016, The Trustees of Columbia University in the City of New York Produced by the Columbia Law School Office of Communications and Public Affairs
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