Articles

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The New Public Domain, Boston College Law School Faculty Papers (2011)

In 1998, Congress extended the term of copyright protection, giving existing copyrighted works an additional...

 

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Sports Merchandising, Publicity Rights, and the Missing Role of the Sports Fan, Boston College Law Review (2011)

Sports fans play a tremendously important role in the success and popularity of sports teams...

 

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Toward a Defense of Fair Use Enablement, or How U.S. Copyright Law is Hurting My Daughter, Journal, Copyright Society of the U.S.A. (2010)

This Essay uses a personal anecdote to highlight a gap in current copyright law. Under...

 

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Two-Factor Fair Use?, Columbia Journal of Law & the Arts (2008)
 

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Copyright and Breathing Space, Columbia Journal of Law & the Arts (2007)

According to the U.S. Supreme Court, copyright law's fair use and idea/expression doctrines are "built-in...

 

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Enabling Copyright Consumers, Berkeley Technology Law Journal (2007)
 

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Copyright Law and Subject Matter Specificity: The Case of Computer Software (with Stacey L. Dogan), New York University Annual Survey of American Law (2005)
 

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Regulatory Copyright, North Carolina Law Review (2004)

This article explores and examines the implications of the increasingly regulatory nature of U.S. copyright...

 

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The DMCA and the Regulation of Scientific Research, Berkeley Technology Law Journal (2003)

This Article analyzes the impact of the Digital Millennium Copyright Act (DMCA) on academic encryption...

 

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Copyright Law's Theory of the Consumer, Boston College Law Review (2003)

Copyright law has a rather well-developed theory of the author, but it has no similarly...

 

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Copyright and Time: A Proposal, Michigan Law Review (2002)

This Article argues that courts should adjust the scope of copyright protection by considering time...

 

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Owning Digital Copies: Copyright Law and the Incidents of Copy Ownership, William and Mary Law Review (2001)

As copyrighted works are increasingly distributed in digital form over the Internet, our conventional print-based...

 

Books

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Copyright Law: Essential Cases and Materials (with Alfred C. Yen) (2011)
 
Statutory Supplement to Copyright Law: Essential Cases and Materials (with Alfred C. Yen), Alfred C. Yen (2009)
 

Selected Professional Activities

ISP Liability Under U.S. Copyright Law, Tsinghua University School of Law (2013)
 
Appointed Associate Dean for Faculty in 2012, Boston College Law School (2012)
 

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Panel III: NCAA as a Commercial Enterprise (with Michael McCann and Jon Wertheim), The NCAA at 100 (2010)
 
Saving Journalism from Itself? Hot News, Copyright Fair Use and News Aggregation, Journalism's Digital Transition: Unique Legal Challenges and Opportunities (2010)
 
Book Banned or Infringement Averted? Reflections on the J.D. Salinger/60 Years Copyright Case, Arts Entertainment & Sports Law Committee, Boston Bar Association (2009)
 
The Mechanical License and the Origins of Regulatory Copyright, Conference on the 100th Anniversary of the 1909 Copyright Act (2009)
 
Publicity, Privacy, and Intellectual Property Meet the First Amendment, Boston College Law School (conference co-organizer) (2009)
 
Third-Party Copyright in the United States, International Conference on Opportunities and Challenges for Intellectual Property (2008)
 
Fair Use and Fan Fiction: The Harry Potter Decision and More, Intellectual Property Law Committee, Boston Bar Association (2008)
 
Two-Factor Fair Use?, Fair Use: Incredibly Shrinking or Extraordinarily Expanding? (2008)
 
Trademark Dilution and the TDRA, AIPLA Spring Meeting (2007)
 
Consumer Protection: Inside Copyright Law or Outside?, Copyright, DRM Technologies, and Consumer Protection (2007)
 
The Copyright Treatises and Digital Rights Management, Law Technology & Arts Symposium (2006)
 
Copyright and Breathing Space, Constitutional Challenges to Copyright (2006)
 
The Legal Framework Surrounding Digital Rights Management Technologies, IASTED Conference on Law and Technology (2006)
 
Copyright and Consumer Enabling Technologies, Chicago IP Colloquium (2006)
 
Google Book Search, Committees on Intellectual Property and Art Law, Boston Bar Association (2006)
 
Bowdlerization, Copyright, and Consumer Theory, St. John's University Law School Faculty Workshop (2005)