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Robert J. Kasunic

 

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Associate Register of Copyrights and Director of Registration Policy and Practices, United States Copyright Office

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Former Deputy General Counsel of the U.S. Copyright Office

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Adjunct Professor of Law,  Washington College of Law, American University

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Adjunct Professor of Law, Georgetown University Law Center

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Adjunct Professor of Law, University of Baltimore School of Law

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Visiting Assistant Professor, Washington College of Law, 2006-2007

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Twenty consecutive years of teaching experience in Copyright Law 

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Fourteen years as a senior attorney at the U.S. Copyright Office

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Seven years in private practice concentrating in copyright, trademark and Internet law issues

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Complex copyright litigation experience in the federal district and appellate courts

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Author of numerous published law review articles on copyright and fair use

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Frequent speaker and panelist on copyright, Internet and technology issues

Short Bio for Conferences (.doc ) (.pdf) (photo)

 

Professional Experience

 
Associate Register of Copyrights,
and Director of Registration Policy and Practices
U.S. Copyright Office, Library of Congress
 April 2013 - Present
101 Independence Avenue, SE
Washington, DC 20540-2232
 
In his new role at the U.S. Copyright Office, Robert Kasunic will serve as the principal advisor to the Register on legal and business issues relating to the administration of the national copyright registration system; will manage a large staff of subject matter experts; and will work collaboratively with senior staff across the U.S. Copyright Office and the greater Library of Congress to create and maintain 21st century standards for registration of claims, deposit of creative works and the creation of public records. He will play a major role in implementing the Copyright Office's forthcoming Compendium of Copyright Office Practices.

http://www.copyright.gov/bios/rob_kasunic.html
 
  
 
Adjunct Professor of Law  
Washington College of Law, American University
January 2003  --  Present
4801 Massachusetts Ave., NW
Washington, DC 20016 
 
Adjunct Professor of Law 
Advanced Copyright Law and Policy focusing on current digital copyright issues.
 
LAW-924-001 Advanced Copyright Law and Policy Seminar (3 credits) Digital copyright issues are everywhere: time-shifting, space-shifting, file-sharing, MP3 compression, expanding bandwidth and memory, encrypted DVDs, copy-protected CDs, VCRs, DVRs, broadcast flags, ISP take-downs, webcasting, DMCA, DRM, anticircumvention, term extension, consumer technology rights, fair use and digital first sale. This course examines the struggle to achieve and maintain the proper balance in U.S. copyright law through its adaptation to constant, and increasingly rapid, societal and technological change. By focusing on current issues before the courts, the Congress, and the Copyright Office, students will examine the role of the federal government in promoting or hindering cultural progress through copyright policy. Particular emphasis will be placed on the problems that exist in the digital and online environment and the assessment of alternative solutions. Prerequisite(s): Copyright (LAW-623) or Intellectual Property Law (LAW-670) or permission of instructor. Kasunic (Spring).
 
Guest lecturer, February 2004, George Mason Law School, Peer to Peer and the DMCA, Advanced Copyright Seminar.

Guest lecturer, March 2004, University of Baltimore School of Law, Digital Copyright Issues, Copyright and the Arts.

 

 
Deputy General Counsel 
Office of the General Counsel
U.S. Copyright Office, Library of Congress
November 2010 - April 2013
101 Independence Avenue, SE
Washington, DC 20540-2232
 
• As Deputy General Counsel, provided legal advice to the Register of Copyrights, General Counsel, Associate Register, and other senior Copyright Office management on domestic copyright law, policy, litigation, regulations, procedures, and practices with emphasis on legal issues related to the administration of the copyright registration program.
• Advocate, defend, and explain the Office's position to the Department of Justice and U.S. Government attorneys in copyright litigation, counseled and negotiated language in the briefs that promote the Copyright Office's position.
• Lead, supervise, manage, counsel, and mentor attorneys, staff, and interns in the General Counsel's Office in the creation and revision of regulations, responses to petitions and legal inquiries, review of Office-related litigation, public outreach, and administrative responsibilities for the General Counsel's Office.
• Actively engage the Divisions of the Registration Program to develop, improve, and reconcile practices, policies, and regulations with respect to copyright registration and deposit.
• Identify and analyze problems and inefficiencies, formulate and negotiate practical options, and draft necessary legal memoranda, regulatory revisions, and administrative policies to implement solutions.
• Work closely with other sections within the Copyright Office, including the Information and Reference Division, the Copyright Acquisitions Division, and the Receipt Analysis and Control Division.
• Serve as member of the Copyright Office Review Board, the eCO Steering Committee, the Inter-Divisional Working Group, and the Library's Best Edition Working Group.
• Act as a key spokesperson for the Copyright Office on copyright and registration issues, and maintain strong working relationships with congressional staff, government officials, copyright industry lawyers, intellectual property associations, public interest groups, library representatives, and academics.
 
 
 
Adjunct Professor of Law
Georgetown Law Center, Georgetown University
August 2007 –  December 2013
600 New Jersey Ave., NW
Washington, DC 20001
 
Adjunct Professor of Law,
Copyright Law (3 credits)
 
Course 110: This course examines the legal protection afforded to the creator of literary, musical, artistic, and cinematographic works. In addition to surveying the wide range of copyrightable subject matter, the course will consider copyright’s purpose, its statutory structure, its application in the courts, and its role within the overall framework of intellectual property law and society. Topics covered will include the subject matter requirements for copyrightability; the exclusive rights of copyright owners; limitations on those rights, including fair use; and a spectrum of issues arising in copyright infringement litigation. The class will also consider the challenges that technological change poses for traditional copyright principles. Recent developments such as the DMCA, peer-to-peer file sharing, digital delivery services, search engines, and participatory media platforms will also be considered.
 
 
Adjunct Professor of Law  
University of Baltimore School of Law  
January 1995 - 2003, 2009
1420 N. Charles Street
 Baltimore, Maryland 21201-5779

 Adjunct Professor of Law of Copyright and the Arts focusing on all aspects of basic copyright law with additional coverage of related forms of artistic protection, including trademark, unfair competition, and the right of publicity: 

Copyright & the Arts (3 credits) The study of the extent of authors', composers', and artists' rights to prevent the exploitation of their works by others and the limitations on these exclusive rights.
 
Adjunct Faculty Representative to the Faculty Council, 1999-2000. 
 
 
 
Acting Chief of the Performing Arts Division 
U.S. Copyright Office's Registration Program
U.S. Copyright Office, Library of Congress
June 2012 – September 2012
101 Independence Avenue, SE
Washington, DC 20540-2232

• Led and managed the daily activities of over sixty employees from diverse backgrounds.
• Resolved legal issues arising in the largest Division in the Registration Program, including the review and revision of practices and procedures to promote a robust public record through efficient and consistent examination of claims of copyright relating to the performing arts.
• Served as a legal expert on copyright law for Team Leaders, Registration Specialists, Technicians, and other Division Chiefs.
• Conducted individual meetings with members of the Division staff in order to learn about workflow processes from employee perspectives.
• Presented regular weekly legal educational meetings with the entire Division staff on copyright law topics, such as, works made for hire, joint works, copyright infringement litigation basics, publication, and fair use.
• Held regular weekly meetings with team leaders to coordinate and plan short and long term goals, monitor progress, measure success.
• Successfully worked with staff through individual and group meetings, and raised the quality of the work product and the efficiency of the Division by establishing more consistent standards.
• Established weekly meetings with Division Chiefs and Assistant Chiefs in the Registration Program in order to resolve law and policy issues that would promote consistency across the Divisions.
• Advocated and negotiated the development of consensus on improved, consistent practices and policies to create a more meaningful public record and foster greater efficiency.
• Actively worked to resolve and minimize conflicts between the Registration Program and other Divisions of the Office resulting in progress on key issues.

 
 
Visiting Assistant Professor of Law
Washington College of Law, American University
August 2006 – July 2007
4801 Massachusetts Ave., NW
Washington, DC 20016 
 
Sabbatical from the Copyright Office to pursue full-time teaching and scholarship in intellectual property and copyright.

Courses Taught:

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Introduction to Copyright

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Intellectual Property Survey

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Advanced Copyright Law and Policy (with exclusive semester focus on the fair use doctrine)

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International Copyright

 
 
Principal Legal Advisor 
Office of the General Counsel
U.S. Copyright Office, Library of Congress
January 2000 – November 2010
101 Independence Avenue, SE
Washington, DC 20540-2232  


• Senior role in the development of U.S. Copyright Office policy with respect to arguments in litigation, directions in regulations, and revision of registration practices.
• Principal advisor in the formulation of the interplay between copyright and digital technologies, including technical demonstrations of P2P technology within the Office and the development of the Office's position in MGM v, Grokster with respect to contributory and vicarious liability.
 

• Evaluated issues and identified solutions for the the Office's Orphan Works Report to Congress, including issues related to a reasonably diligent search requirement and the scope of reasonable compensation.
• Developed processes and rules for the digitization of agency procedures, such as the OSP directory.
• Formulated and coordinated the appellate litigation approach to defend longstanding Office practices that were challenged by three separate district court decisions.
• Developed regulatory changes through a pilot project to improve the public record of claims of copyright.
• Served as a liaison with the Library, the Public Information Office, and other government agencies.
• Actively participated as a member of several Office and Library committees, including the Copyright Office Website Review Group, the Inter-Divisional Working Group, and the Internet Operations Group.
• Represented the Office as a key spokesperson through lectures, presentations, panels at conferences and bar association, and U.S. Government events.

Sampling of areas of responsibility:

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Principal on the initial and all subsequent §1201(a) Triennial Anticircumvention Rulemakings, a mechanism established by the DMCA.

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Revision of website registration regulations.

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Establishment of Copyright Office Legal Process regulations.

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Revision of Final Rule of Designated Agent Regulations.

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Revision of regulations on Unpublished Collections.

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Revision of Regulations on Unit of Publication, Compilations and Collective works.

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Trademark management for the Copyright Office and advisor to the Library.

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Digital copyright spokesperson and advisor for the Office.

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Resident Fair Use expert.

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Primary Digital Rights Advisor, Internet Operations Group, Library of Congress.

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Member of Copyright Office Website Review Group.

Participation in Studies and Programs:

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The Orphan Work Report

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The  Section 104 Study mandated by the DMCA on the effects of the DMCA on electronic commerce and the operation of sections 109 and 117 of the Copyright Act.

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Consultant to the Congressional Budget Office on Copyright Issues in Digital Media Report to Congress, 2004.

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Study on digitization of pre-1978 registration records, such as the card catalog and Catalog of Copyright Entries.

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Copyright Office CLE Program: The Copyright Office Comes to California, March 2002 and 2006.

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National Information Infrastructure and Preservation Program, Library of Congress, November 2001.

Participation in Office's involvement in:  

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Darden v. Peters

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Golan v. Gonzales and Peters

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Metro-Goldwyn-Mayer, Inc. v Grokster, Ltd.

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Kahle v Ashcroft/Gonzales/Mukasey

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Illinois Tool Works, Inc. v Trident, Inc.

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Dastar v Twentieth Century Fox

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Veeck v SBCCI

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A & M Records, Inc. v  Napster

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New York Times v. Tasini

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Universal City Studios, Inc. v  Reimerdes/ Corley 

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CSU v  Xerox, Inc. 

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Sony v. Connectix 

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Raquel v. Educational Mgmt. Serv., Inc.

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Eldred v. Reno/Ashcroft  

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Paul Morelli Design, Inc.  v. Tiffany & Co.    *

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Luck's Music Library v. Ashcroft

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Ellison v. Robertson

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Liu v. Price Waterhouse

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LA News Service v. Reuters

 
 
 
LAW OFFICES OF ROBERT J. KASUNIC
September 1992 - January 2000

Areas of Concentration: Seven years of practice concentration in copyright, trademark, unfair competition, Internet, computer law, database protection, right of publicity, defamation, trade secrets, and domain name issues of clients.

  Representation included:        

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Co-counsel in complex copyright infringement litigation against the Baltimore Ravens and NFL Properties, Inc.. Researched and drafted numerous memoranda and briefs on copyright issues involved in trial and appeal; Bouchat v. Baltimore Ravens, Inc., 228 F.3d 489 (4th Cir. 2000), amended by, 2001 WL40220 (4th Cir. Jan. 17, 2001).

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Counseling and advice to small businesses, Internet service providers, web page designers, writers, performers, artists, musicians, architects, and teachers on copyright, trademark, Internet, and computer law issues;

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Evaluation of trademark, trade name, and domain name availability and development of trademark use and registrability opinions;

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Protection of intellectual property rights including assistance in preparation and prosecution of application for registration of copyrights and trademarks;

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Enforcement of intellectual property rights and negotiation of licenses;

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Defensive action, analysis, and negotiation of fair uses of trademarks and copyrighted works and limitations on the rights of intellectual property owners;

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Consultation, research, and advice to attorneys on the intellectual property and Internet issues of their clients;

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Pro Bono assistance, including defense of a client’s web site containing Klaus Barbie that was threatened with a dilution and infringement lawsuit by Mattel.

 

Scholarly Publications

 

Author, ,The Problem of Meaning in Non-Discursive Expression, 57 Journal of the Copyright Society 399 (2010)

Author, Making Circumstantial Proof of Distribution Available, 18 Fordham Intellectual Property, Media & Entertainment Law Journal 1145 (Summer 2008)

Author, Is That All There Is? Reflections on the Nature of the Second Fair Use Factor, 31 Columbia Journal of Law & the Arts 529 (Summer 2008)

Author, Preserving the Traditional Contours of Copyright,  30 Columbia Journal of Law & the Arts, 397 (Spring 2007).

Author, Solving the P2P Problem: An Innovative Marketplace Solution, Entertainment Law Reporter (July 2004).

Author, Fair Use and the Educator’s Right to Photocopy Copyrighted Material for Classroom Use, 19 J.C. & U.L. 271 (1993).   

Author, A Faculty Guide to Photocopying for Classroom Use, 24.2 U. Balt. L.F. 10 (1993).      

Permission has been granted to utilize this last article in the formation of copyright policies, training seminars, and compliance meetings at major corporations and universities, including NationsBank and Carnegie Mellon University. 

 

Speeches and Panels

 

Panelist, Copyright Law Review, American Intellectual Property Law Association Spring Meeting, Philadelphia, PA, May 2014.
Panelist, Copyright Subject Matter and Formalities, The Next Great Copyright Act, The 18th Annual BCLT/BTLJ Symposium, Berkeley, CA, April 2014.
Panelist, “We Want …. a Shrubbery!!!” Kelley v. Chicago Park District and Renewed Consideration of Authorship and Fixation under Copyright Law , Copyright Society of the USA Annual Meeting, Bolton Landing, NY, June 2013.
Panelist, History and Purpose of Formalities, Reformalizing Copyright for the Internet Age, The 17th Annual BCLT/BTLJ Symposium, Berkeley, CA, April 2013.
Speaker, Copyright Law for Teachers: Rights and Limitations,  2012 Library of Congress Teachers Institute, Library of Congress, Washington, DC, July 2012.
Speaker and Panelist, Copyright Law and Policy Update/ Copyright Registration, Copyright Office Comes to California, San Francisco and Los Angeles, CA, May 2012.
Speaker, Copyright Rights and Limitations, Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice, Washington, DC, May 2012.
Speaker, Priorities of the Copyright Office; Current Legal and Policy Issues; Copyright Registration; Copyright Office Comes to Music City, First Amendment Center, Nashville, TN, April 2012.
Speaker, Fair Use, Reference Librarian Series, Library of Congress, Washington, DC, April 2012.
Speaker, Copyright and Fair Use, Federal Bureau of Investigation, Department of Justice, Washington, DC, Feb. 2012.
Speaker, Golan v. Holder and the Constitutional Limits of Copyright Power, Journal of Art, Technology, and Intellectual Property and the Center for Intellectual Property Law and Information Technology, DePaul University College of Law, Oct. 2011.
Guest Speaker, Choreography, Performance, and Copyright, Harvard Law School class on Performance and the Arts, Cambridge, MA, Sept. 2010.
Guest Speaker, Copyright Legislation and the Legislative Process, George Washington Law School Intellectual Property Seminar, Washington, DC, Sept. 2010.
Moderator, The Digital First Sale Doctrine: Who Owns – or Licenses – Digital Products and Content, The National Association of Recording Merchandisers (NARM) Entertainment Law Conference, New York, NY, Sept. 2010.
Speaker, The Anticircumvention Rulemaking: The U.S. Experience under the Digital Millennium Copyright Act, United States Patent and Trademark Office Global Intellectual Property Academy Latin American Copyright Legal and Policy Seminar, Alexandria, VA, July 2010.
Speaker, Legal Issues in the Copyright Office, Leadership Development Program, Washington, DC, July 2010.
Speaker, Computer Program Copyright Basics, Open Source Software and Copyright: Legal and Business Considerations for Government Use, Co-sponsored by CENDI, the Law Library of Congress, and the Federal Library and Information Center Committee, Washington, DC, July 2010.
Panelist, Policing Copyright, Copyright and Technology 2010 Conference, New York, NY, June 2010.
Speaker, Copyright Update, Government Intellectual Property Law Association, Arlington, VA, Apr. 2010.
Speaker, The Digital Millennium Copyright Act and the '1201 Rulemaking, International Copyright Institute, co-sponsored by the World Intellection Property Organization and the U.S. Copyright Office, Washington, DC, Mar. 2010.
Speaker, Copyright and Fair Use for Government Agencies, Defense Technical Information Center Annual Conference in Old Town Alexandria, VA, Apr. 2009.
Speaker, Copyright Update, FLICC/Fedlink Annual Meeting, Washington DC, Apr. 2009.
Speaker, Copyright Update, Government Intellectual Property Law Association Annual Meeting, Alexandria, VA, Mar. 2009.
Speaker, New Developments in Copyright Law, Montgomery County Bar Association IP Section, Rockville, MD, Mar. 2009.
Panelist, The DMCA, '1201, and the Copyright Office's Rulemaking, Federal Trade Commission Town Hall, via videoconference, Seattle, WA, Mar. 2009.
Keynote Speaker, Copyright and Fair Use in the Film Industry, IP Law Society and Entertainment and Sports Law, University of Baltimore School of Law, Baltimore, MD, November, 2008. 
Speaker, Copyright for Government Educators, U.S. Department of State’s Diplomatic Security Training Center in Dunn Loring, VA, October 2008
Speaker, Copyright and Education, U.S. Department of State's Foreign Service Institute, Arlington, VA September 25, 2008. 
Speaker, Hot Topics in Copyright, The Intellectual Property Owner's Association Annual Meeting, San Diego, California, September 2008. 
Keynote Speaker, Copyright and Web 2.0: A Historical Perspective, Pike & Fischer's Legal Risk Management Forum II: Overcoming Obstacles in the Web 2.0 World at the AED Center, Washington, D.C.,  September 17, 2008. 
Instructor, Copyright 101: Special considerations for UGC, Pike & Fischer's Legal Risk Management Forum II: Overcoming Obstacles in the Web 2.0 World at the AED Center, Washington, D.C.,  September 16, 2008. 
Joint Presentation with the Register of Copyrights, The Copyright Process at the Library of Congress, Catholic University Library Program, Library of Congress, Washington DC, June 2008.
Speaker, Legal and Regulatory Issues Related to Internet Video Services, Federal Communications Bar Association, Washington DC, May 2008.
Speaker, What International Educators Need to Know About Intellectual Property Rights, Washington Convention Center, Washington DC, May 2008.
Speaker, An Audiovisual Tour of Copyright, ABA-IPL Annual Conference in Crystal City, VA, April, 2008.
Speaker, New Developments on the Hill, Law Seminars International, Copyright Law: Counseling, Management and Litigation, Seattle, Washington   April 2008.
Moderator, Fair use: Perspective from the Bench, Bar, and the Academy, with panelists Judge Pierre Leval, Richard Dannay, Bill Patry,  and Tony Reese, Copyright Office Comes to New York, Cardoza Law School, New York, April 2008. 
Speaker, The Second Fair Use Factor, Kernochan Center for Law, Media and the Arts Symposium entitled, "Fair Use: Incredibly Shrinking or Extraordinarily Expanding?", Columbia Law School, New York, New York, February 2008.
Speaker, Copyright Issues Related to Music Composition and Performance, Katzen Center, American University, Washington DC, February 2008.
Speaker, Copyright Basics Videoconference to the Patent and Trademark Depository Library, Dallas, Texas, January, 2008. 
Speaker, Fair Use: Past, Present and Future, Trademark and Copyright Protection, Legal IQ, New York, New York, January 2008.
Speaker, Hot Topics in Copyright, Montgomery County Bar Association Intellectual Property Committee, Rockville, Maryland, January 2008.
Speaker, Symposium: Where Do We Go From Here, Fordham Intellectual Property, Media and Entertainment Journal Symposium, Fordham Law School, New York, NY, November 2007.
Speaker, Copyright Issues for Websites, WebContent Group, U. S. Department of Justice, September 2007.
Speaker, Overview of Music Infringement Cases, Maryland Lawyers for the Arts Music Workshop, May 2007.
Speaker/Panelist, Litigation Update: Copyright and the Courts: Issues of First Impression, Annual Spring Conference of the Intellectual Property Law Section of the American Bar Association, May 2007. 
Moderator, User Generated Content Panel: The Copyright Conundrum, sponsored by the Program on Information Justice and Intellectual Property, Washington College of Law and the Center for Social Media, American University, April 2007.
Panelist, The Digital Millennium Copyright Act’s Impact on Consumers and Innovation: Copy Protection v. Protectionism, D.C. Bar Sections on Computer and Telecommunications Law, Intellectual Property Law, and the Arts, Entertainment, Media and Sports Law; the D.C. Chapter of the Copyright Society of the USA, and the Federal Communications Bar Association’s Communications Law, Copyright & Digital Rights Management Committee, D.C. Bar Conference Center, Wash., D.C., Feb. 23, 2007.
Speaker, Fair Use v. Encryption: Digital Rights Management, Catholic University, March 2007.
Speaker, Overview of United States Copyright Law, Symposium on U.S. Intellectual Property Law for Korean Delegation, Washington College of Law, February 2007.
Speaker, The Fair Use Doctrine, Symposium on Emerging Issues in Copyright and Related Rights for Developing Countries and Countries in Transition, International Copyright Institute (ICI) organized by the World Intellectual Property Organization and the United States Copyright Office, November, 2006.
Speaker, Legal Issues involved in the Creation and Use of a Government Mark, Copyright and Marking Government Works: Why Keep the Public Guessing?, Washington DC, November 2007.
Presenter/Panelist, Preserving the Traditional Contours of Copyright, Constitutional Challenges to Copyright, Kernochan Center for Law, Media and the Arts, Columbia University Law School, New York, October 2006.
Speaker, Copyright Education and Enforcement, Giles Sutherland Rich Inn of Court, Washington DC, October 2006.
Panelist, DRM: Seeking Common Ground, IP Summit on Intellectual Property and Digital Media, The Cable Center, Denver, CO, May 2006.
Speaker, 1201 Rulemaking and section 1201 litigation, Advanced Copyright Law, Duke Law School, Durham, NC, March 2006.
Moderator, Google Book Search: Fair Use or Foul, Annual Spring Intellectual Property Law Section Annual Spring Meeting, Crystal City, VA, March 2006.
Moderator, Google Book Search: Fair Use or Foul, The Copyright Office Comes to California, March 2006.
Panelist, Orphan Works: New Prospects for a Solution, Washington College of Law, American University, February 2006.
Panelist, Copyright 102, Federal Communications Commission, February 2006.
Speaker, Giles Sutherland Rich Inn of Court, Google Book Search, Washington DC, November 2005.
Moderator and Organizer, Google Print for Libraries: Fair or Foul, Luncheon Panel for the DC Chapter of the Copyright Society of the USA and the Patent, Trademark and Copyright Section of the Bar Association of the District of Columbia, Washington DC, October 2005.
Panelist, Images, Illustrators & Copyright Law -- Artists' Rights Issues, American Society of Architectural Illustrators, AIP 20 Conference, Washington DC, October 2005.
Speaker, Copyright Basics and Beyond, Lunch talk at the National Geographic Society, Washington DC, April 2005.
Panelist, The Copyright Office Comes to New York, Litigation Year in Review, in association with the New York State Bar Association Intellectual Property Section and the Cardozo Arts & Entertainment Law Journal, New York, NY April 2005.
Panelist, The DC Bar, What You Need to Know About the Digital Millennium Copyright Act and its Application, Washington DC, April 2005.
Speaker, P2P and the Future of Copyright, Kernochan Center for Law, Media and the Arts, Columbia Law School, New York, NY, March 2005.
Speaker, Entertainment and Sports Law, The Maryland Institute for Continuing Professional Education of Lawyers, Inc., Columbia, MD, January 2005.
Panelist, New York Section of the Copyright Society of the USA, Technology to the Rescue? Whether DRM and Free Markets Can Tame Illicit File-Sharing Without Government Intervention or Compulsory Licensing, The Princeton Club, New York, NY, December 16, 2004.
Moderator, The Digital Media Consumer Rights Act and Other Constitutional Challenges to Copyright, AIPLA Annual Meeting, Washington DC, October 2004. 
Panelist, Future of Music Coalition Policy Summit panel on Alternative Compensation Systems, George Washington University, Washington DC, May 2004.
Speaker, Digital Copyright Debate Keynote Panel, Jupitermedia's Digital Rights Management Strategies 2004, New York, NY, April 2004.
Panelist, Fundamentals of Counseling Clients in the Entertainment Industry: Copyright Law Issues for Artists, Writers, and Entertainers and Digital Music Panel, Sports & Entertainment Law Conference 2004, University of Maryland School of Law, Baltimore, MD, April 2004.
Moderator, The Future of P2P: Where Do We Go From Here?, DC Bar Intellectual Property Section and the Washington D.C. Chapter of the Copyright Society of the USA, Washington, DC, March 2004.
Speaker, Digital Copyright Issues for Publishers, Biennial Convention of the Protestant Church-owned Publishers Association, Washington, DC, March 2004.
Speaker, Copyright Basics, Symposium in Honor of the Delegation from the National Copyright Administration of China, United States Copyright Office, Washington, DC, March 2004.
Panelist, Digital Millennium Copyright Act, University of Baltimore's Intellectual Property Law Symposium, Baltimore, MD, March 2004.
Speaker, Fair Use by Government Agencies, Federal Library and Information Center Committee, Library of Congress, Washington, DC, February 2004.
Panelist, The New Anticircumvention Rule: Views from the Copyright Office and Procedure Participants, The DC Bar, Washington, DC, November 2003.
Speaker, Copyright Basics and Digital Copyright Update, Videoconference to four Federal Depository Libraries coordinated by the Patent and Trademark Depository Library Program, November 2003.
Speaker, Digital Copyright Issues, Videoconference with Syracuse University, November 2003.
Speaker, The Folly of "Sharing" in the Digital Age, Practicing in the Public Interest -- Reshaping IP Policy in a Digital World, 2003 Intellectual Property Law Seminar, Howard University School of Law, October 2003.
Speaker, Update on Copyright Legislation, Litigation and Copyright Office Affairs, Montgomery County Bar Association Intellectual Property Law Section, Rockville, MD, May 2003.
Moderator and speaker, Copyright Legislation, The DC Bar, Washington DC, April 2003.
Speaker, International Visitor Program, Protection on Intellectual Property Rights, U.S. Department of State sponsored Multi-Regional Project, Washington, DC, March 2003.
Speaker, Use of Copyrighted Material in Government Training, Diplomatic Security Service, Department of State, Tyson's Corner, VA, August 2003.
Speaker and Panelist, Art and Music Meet the Digital Age: A Look at the Digital Millennium Copyright Act, University of Maryland School of Law, co-sponsored by the Maryland Intellectual Property Student Association & the Entertainment, Art and Sports Law Association, speech entitled "Why Digital is Different," Baltimore, MD, March 2003.
Speaker, Sharing in the Digital Age, Federal Bar Association, Washington, DC, June 2002.
Speaker, The Copyright Office Comes to California, Santa Monica and San Francisco, CA,  March 2002.
Speaker, The Fair Use Analysis, The Library of Congress, Washington, DC, November 2001.
Panelist, Does Intellectual Property Threaten Intellectual Life? A Roundtable on Teaching and Research, American Studies Program, Washington, DC, November 2001.
Speaker, Seybold Conference on Digital Rights Management, New York, NY October 2001.
Speaker, Overview of U.S. Copyright Law, Foreign Service Institute, Arlington, VA, October 2001.
Speaker, Educational Use of Copyrighted Works. Catholic Education Convention 2001, Washington DC, September 2001.
Speaker, Copyright Issues for Artists, Videoconference for Lawyers for the Creative Arts, Chicago, IL and the National Digital Library, October 2001. 
Speaker, Digital Copyright, United States State Department, Net Diplomacy 2001, Washington DC, September 2001.
Speaker, Understanding Fair Use and the Compulsory License, Association of Higher Education Cable Television Administrators, Arlington Heights, Illinois, June 2001.
Speaker, Video Conference, The Internet, Copyright Infringement and the Online Copyright Infringement Liability Limitation Act of the DMCA, Sunnyvale Center for Innovation, Inventions and Ideas (Sci3), May 2001.
Panelist, Issues in ePublishing: Rights, Rates and Protection, The American Society of Picture Professionals, Sumner School, April 2001.
Panelist, Hot Topics in IP Law, Center Court Conference on Sports and Entertainment Law, Howard University School of Law, April 2001.
Panelist, Using and Protecting Content on the Internet, 29th Annual ALI - ABA Course of Study, Legal Problems of Museum Administration, Washington D.C., March 2001. 
Speaker, Overview of the Digital Millennium Copyright Act and the Anticircumvention Provisions, Government Intellectual Property Law Association, Crystal City, VA, February 2001.
Speaker, Copyright Law, Fair Use and Other Limitations on the Exclusive Rights of Authors, Fairfax County Public Schools, Fairfax, VA, January 2001.
Speaker, Copyright and the Internet, National Library of Medicine, Rockville, MD, November 2000.
Speaker, The Digital Millennium Copyright Act, Montgomery County Bar Association Intellectual Property Law Section, Rockville, MD, November, 2000.
Guest Lecturer, Course on Copyright Law, Georgetown Law School, class on Duration and Formalities, November 2000.
Commentator, Symposium on Copyright and the Internet, Dayton Law School, Dayton, OH, November 2000.
Speaker, Howard University Law School panel on Napster and MP3 Technology Issues, Washington, D.C., November, 2000.
Speaker, ACSEL on Copyright and the Internet, Washington, D.C., October 2000.

 

Guest Lecturer
                                                         
Harvard Law School,  Columbia Law School,  Catholic University Law School and Communcation Program,  Duke Law School,  George Mason University Law School,  George Washington University Law School,  Howard University Law School, University of Maryland School of Law, and the University of Washington School of Law.
 
 
Guest and Substitute Lecturer,
 
University of Baltimore School of Law, 1996-2000 Advanced Intellectual Property Seminar on topics of: 
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Trademark aspects of domain name registration; 

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WIPO proposals, 

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Internet commerce; 

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Copyright litigation; 

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Database legislation; 

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The Digital Millennium Copyright Act; 

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Anticircumvention provisions of the DMCA; 

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Federalism, the Supreme Court, and State Sovereign Immunity;

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International Intellectual Property Seminar on the Berne Convention

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Cyberspace Law Seminar, class on copyright issues and class on hyperlinks, framing, and metatags.

           

Other speeches, lectures, and panels

 

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Speaker, A Current Events Symposium on Intellectual Property Law and Practice, February 2000, on the Digital Millennium Copyright Act and litigation.

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Speaker and Panelist, Second Annual Current Events Symposium on Intellectual Property Law and Practice, February 2001, on copyright litigation issues and the Napster debate.

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Speaker, October 1999, Intellectual Property Law Society, Are States Free to Infringe Intellectual Property: A Discussion of the Supreme Court’s Recent Decisions. 

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Speaker, April 1999, Intellectual Property Law Society, Debate on the Washington Redskins Federal Trademark Cancellation by the TTAB.   

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Speaker, March 1999, Conference on Copyright Issues of State School Administrators, University of Baltimore School of Law.   

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Speaker, May 1997, Capital Personal Ancestry File Users’ Group, Kensington, MD. On behalf of the Montgomery County Bar Association Speaker’s Bureau, spoke to genealogists and users of Personal Ancestry File software on copyright basics, rights of privacy, publicity, defamation, and intellectual property issues related to software, email, and databases.   

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Program Faculty, October 1996 Center for International and Comparative Law, University of Baltimore. Primary Lecturer on U.S. Copyright law for Visiting Law Professors, Attorneys, and Judges from the People’s Republic of China.   

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Speaker, September 1994 University Seminar on Copyright, Fair Use, Ethics, and Education, Hoffberger Center for Professional Ethics, University of Baltimore.

 

Online Moderator (1995 -- 1998)  

 

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Moderator of former intellectual property discussion group on America Online’s Legal Information Network;

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Intellectual property and cyberlaw panelist on CourtTV’s former Legal Helpline venture.  

           

Education

  

UNIVERSITY OF BALTIMORE SCHOOL OF LAW

Baltimore, Maryland

Juris Doctor, May 1992 

Awards and Activities:                                                                                                                                                                   

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First prize in the 1991 Nathan Burkan Memorial Competition at the University of Baltimore School of Law, sponsored by A.S.C.A.P.  

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1992 Intellectual Property Moot Court Team for the First Annual Saul Lefkowitz Memorial Competition sponsored by the United States Trademark Association.

  

COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK

New York, New York

Bachelor of Arts in Political Science, May 1985

    

The Browning School, New York, NY

St. David's School, New York, NY

      

Bar and Court Admissions 

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          Court of Appeals of Maryland, 1992

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            United States District Court for the District of Maryland, 1993

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            District of Columbia Court of Appeals, 1995

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            Supreme Court of the United States, 1998

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            United States Court of Appeals for the Fourth Circuit, 1999

                    

Professional Memberships and Committee Activity 

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Copyright Society of the USA:
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Board of Trustees, 2008-2010

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2005-2007 Co-Chair of the Washington DC Chapter

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Website Committee Member 

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American Bar Association, Intellectual Property Law Section: 
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Former Chair of Committee 308 – Government Relations to Copyright;

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Copyright Office Affairs committee; 

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Copyright Legislation committee; 

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Committee on Design Protection;  

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American Intellectual Property Law Association;  

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Bar Association of the District of Columbia, former Chair of the Copyright Committee

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D.C. Bar Association, IP Section;

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Federal Bar Association, Capitol Hill Section, 

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Maryland State Bar Association, Business Section,  

 

Selected Continuing Legal Education

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2001 - 2005 Future of Music Policy Summit.

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2001 ABA-IPL Section Summer Meeting, Seattle, Washington.

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2001 Glasser LegalWorks Copyright Law Conference, Washington, DC.

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Copyright: From Traditional Concepts to the Digital Age, Nimmer, Menell & Sobel, March 2000.

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2000 ABA-IPL Section Summer Meeting, Boston, MA.

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1999- 2003 Copyright Society of the USA Annual Meeting, Bolton Landing, NY.

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1999 AIPLA Annual Meeting, Crystal City, VA.

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1999 ABA-IPL Section Summer Meeting, San Francisco, CA.

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1999 Copyright Society of the USA Annual Meeting, Bolton Landing, NY

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1996 Practising Law Institute’s Intellectual Property Law Institute, New York, NY.

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1995 PLI’s First Intellectual Property Law Institute, New York, NY.

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1995 Law Journal Seminars-Press Internet and Online Services, New York, NY.  

 


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