About Alfred C. Yen
Alfred C. Yen is the Associate Dean of Faculty and a Professor of Law at Boston College Law School, Law School Fund Scholar, and Director of the Emerging Enterprises and Business Law Program. He is a nationally known scholar who has published numerous articles about copyright law, the Internet, Asian-American legal issues, and law teaching. His recent works include "Third Party Liability After Grokster," which appeared in the Minnesota Law Review and a new casebook on copyright (co-authored with Professor Joseph Liu) entitled “Copyright: Essential Cases and Materials,” which was published by West Publishing in 2008.
Professor Yen has also held many positions of leadership within legal education and the broader practicing bar. He recently served as Chair of the AALS Professional Development Committee and completed a term on the Board of Editors for the Journal of Legal Education and the Board of Governors for the Society of American Law Teachers. In 2001, the American Law Institute elected him to membership in the Institute. Additionally, Professor Yen has served as chair of the Association of American Law Schools Section on Art Law and its Section on Minority Groups. He organized the first, fifth, and tenth Conference of Asian Pacific American Law Faculty, all of which were held at Boston College Law School. In 1992, Professor Yen wrote and filed an amicus brief with the United States Supreme Court on behalf of 12 copyright scholars in the case of Campbell v. Acuff-Rose Music Publishing Co. He also joined another group of copyright scholars to file an amicus brief in the case of A&M Records. Inc. v. Napster, Inc. during the summer of 2000.
Professor Yen is a graduate of Stanford University and Harvard Law School. Before joining the faculty in 1987, he practiced law in Los Angeles for four years at the firm of Sheppard, Mullin, Richter and Hampton.
- Fall 2016: Torts
- Spring 2017: Sports Law
Alfred C. Yen
Boston College Law School
885 Centre Street
Newton Center, MA 02459
East Wing 422
The Constructive Role of Confusion in Trademark North Carolina Law Review (2014)
This Article argues that consumer confusion plays a pervasive and important role in our trademark system. This argument directly challenges well-established orthodoxy. Numerous Supreme Court opinions and leading academics take the position that trademark law ...
Early Scholarship Offers and the NCAA Boston College Law Review (2011)
Over the last few years, many NCAA Division I universities have begun offering athletic scholarships to progressively younger student-athletes. Both student-athletes and institutions have much to gain from early informal athletic scholarships. This Article argues, ...
A Preliminary First Amendment Analysis of Leglisation Treating News Aggregation as Copyright Infringement Vanderbilt Journal of Entertainment and Technology Law (2010)
The newspaper industry has recently experienced economic difficulty. Profits have declined because fewer people read printed versions of newspapers, preferring instead to get their news through so-called "news aggregators" who compile newspaper headlines and provide ...
A First Amendment Perspective on the Construction of Third Party Copyright Liability Boston College Law Review (2009)
Third-party copyright liability raises specific First Amendment problems that remain relatively unexplored. Among other things, such liability separates the danger of liability from the benefits of speaking, making key actors prone to careless censorship of ...
Torts and the Construction of Inducement and Contributory Liability in Amazon and Visa Columbia Journal of Law & the Arts (2009)
In Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., the Supreme Court clearly expressed its understanding that the common law of tort provides the foundation for third party copyright liability. Grokster did not, however, offer a complete ...
Third Party Copyright After Grokster Minnesota Law Review (2006)
This Article studies the construction of third party copyright liability after the recent Supreme Court case Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd. This inquiry is important because third party copyright liability has become a controversial ...
Sony, Tort Doctrines, and the Puzzle of Peer-To-Peer Case Western Law Review (2005)
This Article analyzes and reconstructs the law of third party copyright liability as it applies to providers of peer-to-peer technology. By doing so, the Article accomplishes three things. First, it identifies doctrinal tension between broad ...
Eldred, the First Amendment, and Aggressive Copyright Claims Houston Law Review (2003)
This Essay studies the effect of Eldred v. Ashcroft on the treatment of aggressive copyright claims. Aggressive copyright claims test the boundaries of copyright by urging courts to adopt unconventional or novel readings of doctrine ...
What Federal Gun Control Can Teach Us About the DMCA's Anti-Trafficking Provisions Wisconsin Law Review (2003)
This article studies the so-called "anti-trafficking provisions" of the Digital Millennium Copyright Act ("DMCA") by drawing insight from federal gun control. Among other things, the anti-trafficking provisions criminalize the distribution of technology that circumvents the ...
Western Frontier or Feudal Society? Metaphors and Perceptions of Cyberspace Berkeley Technology Law Journal (2002)
The Article examines how metaphors influence perceptions of cyberspace. Among other things, the Article studies the comparison of cyberspace to the American western frontier and the metaphor's construction cyberspace as a "place" whose natural characteristics ...
A Preliminary Economic Analysis of Napster: Internet Technology, Copyright Liability, and the Possibility of Coasean Bargaining University of Dayton Law Review (2001)
This Article offers a preliminary economic analysis of whether it is desirable to hold Napster, Inc. liable for copyright infringement committed by Napster users. The Article does so because the recording industry's recent lawsuit against ...
Internet Service Provider Liability for Subscriber Copyright Infringement, Enterprise Liability, and the First Amendment Georgetown Law Journal (2000)
The Internet offers the fastest reproduction and distribution of information ever known, presenting fundamental challenges to copyright law. Practically anyone with a personal computer can receive and send information over the Internet, and so practically ...
Copyright Opinions and Aesthetic Theory Southern California Law Review (1998)
In this Article the author contends that judges should be conscious of aesthetics when deciding copyright cases. However, given the inherent ambiguity of aesthetics and the supposedly objective rules and principles that govern judicial opinions, ...