Columbia Law School Intellectual Property and Technology Viewbook

Columbia Law School

I N T E L L ECT UA L P R O P E RT Y A N D T EC H N O LO GY N E W

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L A B O R A T O R Y

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2 CO PY R I G HT

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4 PATE NT

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I N TE R NATI O N A L I N T E LLECT UA L PROPERT Y

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I NTER NE T A N D CO MMU N I CAT I O N S

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TH E I NTER N E T A N D SO C I E T Y

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I P AN D E NT E RTA I N ME N T LAW

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ALUM N I I N PRACT I C E

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KE R NO C HA N C E N T E R FO R LAW, ME D I A A ND T HE A RTS

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FACULTY P O RT RA I TS

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CUR R I CULU M— I N T E LLECT UA L PRO PE RT Y LAW

Welcome

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 people—to Professor John Kernochan ’48. His 1966–67 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 Kernochan’s 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 School’s IP curriculum and to join us here in Morningside Heights and the laboratory that is New York.

welcome

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 School’s 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 doesn’t 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

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copyright

Copyright

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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 commercial intermediaries,” says Ginsburg. “Now to that equation 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 implementation in U.S. and EU law. It also introduces students to issues and the conflict of laws that arise at the intersection 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.

T H E G R O U N D R U L E S FO R I N FO R M AT I O N

Professor Tim Wu is known in the wired world for coining 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 nation’s electric grid. “The grid doesn’t care if you plug in a toaster, an iron, or a computer,” he says. “What worked for the radios of the 1930s works for today’s flat-screen TV. It’s a model of a neutral, innovation-driven network.”

Wu sees in copyright the ground rules that help determine which information flourishes in our society. He plays down the “Wild West” reputation of the Internet, saying that e-businesses—even the corporate giants—need governmental support to function well and stay safe from fraud.

Trademark

“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 people’s attention,” 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.

Ginsburg’s interest in this area has taken a multidisciplinary 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.

P R OT EC T I N G T H E B R A N D

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 Act—which governs trademarks—prohibits the use of a trademark by another com-

Professor Clarisa Long

pany in a way that would cause confusion among consumers. For instance, a jeweler not associated with Tiffany & Co. cannot use Tiffany’s 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 confusion among consumers but merely “dilutes” the uniqueness 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 effectiveness of the statute—a 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

T R A D E M A R K : A N E VO LV I N G S U B J EC T

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patent

Patent

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PAT E N TS I N T H E M A I N ST R E A M

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 fertilization. Today, he is still exploring the legal aspects and morality of patenting biological material, such as stem cells.

A N I N T E R D I S C I P L I N A RY A P P R OAC H

Professor Clarisa Long takes an interdisciplinary and comparative approach to IP. Long was a molecular biologist before going to law school, and a patent attorney in the biotech area before going into academia. She is still a registered 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 students 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.

International IP A G LO BA L CO M M O N S I N CY B E R S PAC E

Today, intellectual property is, by its very nature, international in scope, as illustrated through the work of Professor Jane Ginsburg. She serves as vice president of the Association Littéraire et Artistique Internationale, a Paris-based international organization created to promote and defend authors’ rights, and as president of that organization’s 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 headquarters 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 privileges and the role authorship played in this precursor system to copyright.

Among the members of Ginsburg’s “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 Ginsburg’s 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.”

international ip

IP IN A BORDERLESS WORLD

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 GPLv3—the current version of the world’s 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 world’s largest IT firms, energy companies, and investment banks can’t 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 critically 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.

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internet & communications 6

Internet and Communications

P R E S E RV I N G FA I R N E S S I N CO M P E T I T I O N

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

Professor Tim Wu

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.

P R E V E N T I N G T H E A N T I CO M M O N S

How do theories of real prop-

can the holder of a molecular

industry and efforts to shut

erty interact with the study of

patent stall future discoveries

down Verizon’s national wire-

is also interested in the

intellectual property? There

in medicine.

less broadband service.

intersection of property theory

are two kinds of property in

In his work on “The Tragedy

“Wireless broadband exists

Professor Thomas W. Merrill

and intellectual property. One

the academic portfolio of

of the Anticommons,” Heller

in an IP environment rich with

of his studies compares first

Professor Michael A. Heller:

draws on post-socialist transi-

thousands of patents,” Heller

possession and accession as

real property—the stuff of

tion and biomedical research

says. “Owners of any one of

principles of original acquisition

dirt, bricks, and mortar—and

to show how the creation of

those patents, including the

of property. That research

intellectual property. Just as

too many private property

most trivial, can potentially

has significant relevance to

a single landholder can stand

rights can be as costly as

wreck the downstream invest-

intellectual property and

in the way of a city looking to

creating too few. He points

ment that actually fuels U.S.

efforts at determining rights

revitalize its downtown, so

to the telecommunications

economic activity.”

to derivative works.

P R E S E RV I N G P R I VACY A N D F R E E D O M

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 connected 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 programmer 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-topeer 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. “It’s hidden in your Terms of Service, your free email account, and in

Professor Eben Moglen

every “like” or tweet. And it’s not your publishing that is under surveillance; it’s 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. “We’re building software for smart devices whose engineered purpose is to work together to facilitate free communication among people—safely 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 GPSenabled smartphone. “ “Before the end of your lifetimes, we’re either going to have found a way to use this technology for good and save human autonomy, or we won’t.”

the internet & society

The Internet and Society

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ip & entertainment law 8

IP and Entertainment Law New York City is home to renowned cultural institutions and major media companies—an ideal training ground for students looking to pursue careers related to the arts, sports, and entertainment fields.

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 world’s 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 powerhouse. 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 president of the Atlanta Braves and the Washington Nationals.

During his three-decade tenure as commissioner of the National Basketball Association, David J. Stern ’66 transformed 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 Ginsburg’s copyright course. “Thanks to what I learned from Professor Ginsburg and other professors, I’m 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.

Alumni in Practice 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.

“I’m sure everyone looked at me thinking, ‘The suit is here,’” Chu recalls, adding that she quickly modified her standard 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 company’s governance and compliance, she also provides advice to its senior management (including Ralph Lauren himself) and its board of directors. “You are expected to connect the dots and understand the different 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 L I F E- C H A N G I N G E X P E R I E N C E

Sebastien Oddos ’10 LL.M. holds a law degree from the University of Paris, along with an LL.M. from King’s 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 what’s out there,” Oddos says.

“Especially in my field, you are always looking to the U.S.”

J U M P -STA RT I N G A C A R E E R I N I P L AW

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 internships in the legal and business affairs department of A&E Television Networks and at Volunteer Lawyers for the Arts.

“Many law school students don’t get the opportunity to work directly in the field they’re 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 provider and developer of hybrid video delivery technologies.

He is currently associate corporate counsel, in-house attorney, and transactional lawyer at EchoStar Corporation and its subsidiary, Sling Media.

alumni in practice

P R OT EC T I N G A LU X U RY B R A N D

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 technology—where he is currently a senior corporate counsel.

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Kernochan Center for Law, Media and the Arts One of the Law School’s core strengths in IP education is the Kernochan Center for Law, Media and the Arts, which has trained IP professionals for almost two decades.

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 School’s curricular development on topics of copyright, trademarks, the regulation of electronic media, and problems 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 location—amid renowned cultural institutions and major media and entertainment headquarters—the 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.

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Professor Jane Ginsburg with Morton L. Janklow ’53, founder and chairman of Janklow & Nesbitt Associates, the world’s largest literary agency.

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 Attorney’s 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.

I N I T I AT I V E S

Alumni in IP is an ongoing series that brings Law School alumni to campus to share their experience with students. 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.

M A N G E S L EC T U R E

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.

Copyright Outside the Box examined concepts of authorship in the context of computer-generated works, as well as works on the fringes of copyright such as typefonts, yoga sequences, and tattoos. The symposium’s 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.

Who’s 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

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.

SY M P O S I A A N D S P E A K E R S E R I E S

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Faculty Portraits “Patent law is the American Academy of Arts and

Prior to becoming American legal casebook on

quint­essential

Sciences. The author of several

a lawyer, Clarisa

legal institution

classic casebooks, Ginsburg is

Long, the Max

that seeks to give a popular visiting professor

Mendel Shaye

The research

people property rights on

and guest speaker at presti-

Professor of Intellectual

interests of

information,” says Harold S.H.

gious conferences around the

Property Law, worked for a

Thomas

Edgar ’67, the Julius Silver

world. ChIPs, a nonprofit

biotech company that was

W. Merrill,

organization that promotes

patenting its research. She soon the Charles Evans Hughes became the liaison between the Professor of Law, include

Professor in Law, Science, and

Technology. Edgar served as the the education, advancement, reporter for the UNESCO

and retention of women in

scientists and patent lawyers—

administrative law, environmen-

International Committee on

intellectual property and

an experience that piqued her

tal law, and property theory.

Bioethics, which drafted the

technology, inducted Ginsburg

interest in the links among the

Coming to Columbia from

International Declaration on

into their 2015 Hall of Fame.

scientific, legal, and regulatory

Northwestern University Law

Human Rights and the Human

Ginsburg shared the honor

communities. Later, while in law

School, his tenure at

Genome, subsequently adopted

with her mother, Justice

school at Stanford, she wrote

Northwestern was marked by a

by UNESCO and approved by

Ruth Bader Ginsburg ’59.

and filed patents with the

three-year sabbatical during

Patent and Trademark Office.

which he served as deputy

the United Nations.

solicitor general in the

Michael A. Heller, Jane C. Ginsburg,

the Lawrence A.

Ronald Mann,

the Morton

Wien Professor

the Albert E.

of Real Estate

Cinelli Enterprise

Professor

Professor of Law,

Eben Moglen

L. Janklow Professor of

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electronic commerce.

Law, decided on a teaching

Department of Justice.

Literary and Artistic Property

career while working as a

is a nationally recognized

is a central

Law, is a staunch defender of

consultant to the World Bank

scholar and teacher in the fields

figure in the

the rights of artistic and

and teaching a seminar at Yale

of commercial law and elec-

literary creators. Ginsburg

Law School. “During a given

serves as vice president of the

week, I might be negotiating

tronic commerce. He clerked for which seeks to eliminate the proprietary nature of computer Judge Joseph T. Sneed on the

Association Littéraire et

student paper topics in New

9th Circuit Court of Appeals and code. Moglen is founder and

Artistique Internationale, a

Haven and a World Bank loan in for Justice Lewis F. Powell Jr.

Paris-based international

Budapest,” he says. “The

of the U.S. Supreme Court.

Freedom Law Center, an

organization founded in 1878

contrast was stark, and it

After three years in private

organization that provides

to promote and defend

favored teaching.” The term

practice, he worked for the

legal services and representa-

authors’ rights. She is also an

“tragedy of the anticommons”

Justice Department as an

tion to protect and advance free,

elected member of the British

was originally coined in his

assistant for the solicitor

libre, and open source software

Academy, the American

1998 Harvard Law Review

general of the United States.

(FLOSS). The center has filed

Philosophical Society, and the

article of the same name.

He co-authored the first

amicus briefs with the Supreme

free software movement,

director-counsel of the Software

A D J U N C T P R O F E S S O R S A N D L EC T U R E R S I N L AW

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 School’s Saul and Janice Poliak Center for the Study of First Amendment Issues. In 2011–12, 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

Philippa S. Loengard ’03 Assistant director, Kernochan Center for Law, Media and the Arts

Toby Butterfield Partner, Frankfurt Kurnit Klein & Selz; specializing in copyright, trademark, digital media and commercial matters for media and entertainment companies, and designers and manufacturers of luxury goods

Hillel I. Parness ’95 Founder, Parness Law Firm; specializing in copyright, trademark, and litigation

Edward D. Cavanagh Adjunct Professor; council member, ABA Antitrust Section; adjunct professor, St. John’s 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

significance in a given field. Wu says, “The questions are: What

Kai Falkenberg ’99

is the Internet going to become? culture and the kind of country

Visiting professor from practice, Cardozo School of Law; former editorial counsel, Forbes

we live in, which is defined by

Mavis Fowler-Williams ’87

how we communicate?”

Principal, Intellectual Property and Technology Law in the 21st Century;

And what will that mean for our

Jane A. Levine Senior vice president and worldwide director of compliance, Sotheby’s

Brett Frischmann Adjunct professor; professor of law Robert Balin and director, Intellectual Property Partner, Davis Wright Tremaine; spe- and Information Program, Cardozo cializing in all aspects of media litiSchool of Law gation and counseling Nicholas Groombridge June M. Besek Partner, Paul, Weiss, Rifkind, Executive director, Kernochan Wharton & Garrison; specializing in Center for Law, Media and the Arts patent litigation

Jonathan Donnellan Deputy General Counsel, Hearst Corporation

with the greatest long-term

specializing in intellectual property agreements and entertainment and patent law

David J. Kappos Partner, Cravath, Swaine & Moore; specializing in intellectual property management and strategy, the development of global intellectual property norms, laws and practices, as well as commercialization and enforcement of innovationbased 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, Condé 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

David R. Marriott Partner, Cravath, Swaine & Moore; specializing in litigation and alternative dispute resolution in the areas of intellectual property, securities, and antitrust

Hon. Jed Rakoff Adjunct professor; U.S. District Court for the Southern District of New York

faculty

Court arguing that software is

Lecturers in law are practicing professionals who take time out of their careers to broaden and enliven the educational experience of Columbia Law School students.

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

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Curriculum—Intellectual Property Law For a complete listing of courses, including

COMPUTERS, PRIVACY, AND THE LAW

An examination of emerging constitutional issues faculty teaching, visit: www.law.columbia.edu/courses. 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. full descriptions and

L EC T U R E S

COPYRIGHT LAW

An overview addressing protection of works of authorFocuses on federal antitrust ship, ownership, transfer laws and the ways in of copyright interests, which new technology infringement and fair use, challenges the application of the Digital Millennium traditional antitrust principles. Copyright Act, and related Common-law antecedents are constitutional issues. also considered.

ANTITRUST AND TRADE REGULATION

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.

dealers, auctioneers, and laws Provides an understanding of on the recovery of looted art. domestic copyright law in the AUTHORS, ARTISTS, global context of multinational AND PERFORMERS agreements and other The treatment of authors, international initiatives. artists, and performers LAW IN THE INTERNET SOCIETY under intellectual property and how laws foster or Examines the legal ramificainhibit development of new tions of global technological change, including data privacy, artistic works.

INTERNATIONAL COPYRIGHT

copyright and intellectual COMPARATIVE AND property, mass media structure, INTERNATIONAL ANTITRUST freedom of speech, and the A comparison of approaches effect on democratic politics. in the U.S., the European Commission, and other UNFAIR COMPETITION selected jurisdictions, with AND RELATED TOPICS IN INTELLECTUAL PROPERTY attention to the international A course on the law of enforcement and harmonizatrademarks and trade secrets tion proposals that are presand how rights in information ently under consideration. are structured to sustain a CURRENT ISSUES IN COPYRIGHT competitive process that is fair, A lively discussion of current honest, and efficient. and often controversial issues, such as peer-to-peer SEMINARS file sharing, technological protection measures and their ADVANCED PATENTS effect on copyright, and the Current issues taken from public domain. Guest speakers pending Federal Circuit provide contrasting views. appeals and proposed legislative reforms.

ART, CULTURAL HERITAGE, AND THE LAW

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A legal exploration of art and cultural heritage, including obligations of museums, art

DRAFTING AND NEGOTIATING INTELLECTUAL PROPERTY DOCUMENTS

Students gain hands-on experience with documents they will encounter in the field

and develop practical drafting, negotiating, and counseling skill sets.

FALSE ADVERTISING LAW

A look at false advertising law, litigation, and remedies, including boundaries INTELLECTUAL PROPERTY IN THE DIGITAL AGE between commercial and An exploration of the changing noncommercial speech, with nature of intellectual property attention paid to over-thecounter and prescription drugs. liability on the Internet and in the broader digital world from FEDERAL COURT LITIGATION: the 1960s to the present day.

TRADEMARK AND COPYRIGHT Expect to discuss new A hands-on course in which developments and topics that students litigate hypothetical cases, conduct the deposition or arise during the semester. cross-examination of an expert, LAW AND REGULATION OF and present the trial testimony SOCIAL MEDIA An examination of the potential of a witness. They also write legal liability that users and pleadings, discovery requests, and other litigation documents. operators of social media sites face, including the legal FIRST AMENDMENT AND THE challenges posed by the use of INSTITUTIONAL PRESS social media in the workplace, A critical review of law intrusions into privacy, the use governing the gathering and dissemination information by of copyrighted content in social print, broadcast, and Internet, media, and how the courts are addressing these issues. with attention to the media’s constitutional protections.

INFORMATION PRIVACY

Information privacy law affects almost all businesses, administrative agencies, and individuals in the U.S. today. This seminar explores

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 speech, advertising, and in creating and staging a web publishing. musical show and profiting PATENT LITIGATION from it thereafter.

An interactive introduction LAW AND THE FILM INDUSTRY to patent litigation. Students Case law, news articles, and explore cutting-edge issues union agreements are used through advocacy on behalf to study the production, of a hypothetical plaintiff and distribution, and exhibition of defendant, applying written feature films. and oral advocacy skills.

LAW AND THE MUSIC INDUSTRY

Examines copyright, trademark, C L I N I C S and publicity rights pertaining COMMUNITY to relationships among songwriters, composers, music ENTERPRISE CLINIC Through the Community publishers, Internet music services, and record companies. Enterprise Clinic, students gain experience providing LAW AND VISUAL ARTS high-quality transactional A discussion of museum policy representation for clients and governance, unique issues that have ranged from a for contemporary artists, Harlem charter school and a planning the legacies of artists graffiti art center to jewelry and collectors, and aspects of designers and inventors. copyright law as they pertain to Students work with clients visual artists. on a variety of legal matters, MEDIA LAW such as choosing an A sweeping study of intellectual appropriate tax structure, property issues relating to the drafting leases and contracts, media, as well as libel, privacy, and advising on trademark newsgathering, commercial and copyright issues.

curriculum

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.

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curriculum

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 experience in intellectual property, entertainment, and nonprofit law as they assist staff attorneys at Volunteer Lawyers for the Arts (VLA), an organization that provides legal representation and education to lowincome artists and nonprofit arts organizations. Students work in VLA’s office, assisting attorneys with research, client interviews and counseling, contract 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, 16

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, entertainment, 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 practitioners, 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.

M O OT CO U RT 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.

To Learn More For more information about admissions and intellectual property law at Columbia Law School: ABOUT THE IP PROGRAM

Intellectual Property Law www.law.columbia.edu/intellectual-property ADMISSIONS AND CURRICULUM

J.D. Admissions 212-854-2670 admissions@law.columbia.edu www.law.columbia.edu/admissions/jd

Graduate Legal Studies (LL.M. /J.S.D.) 212-854-2655 gls@law.columbia.edu www.law.columbia.edu/admissions/graduate-legal-studies

Courses www.law.columbia.edu/courses

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