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.

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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.

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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.

curr

icul

um

16

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

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

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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