Robert J. Kasunic
Professor of Law
Center, Georgetown University
August 2007 – Present 600 New Jersey Ave., NW Washington, DC 20001 Adjunct Professor of Law, Fall 2007 Course: 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 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.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
Adjunct Professor of Lawof 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:
August 2006 – July 2007 4801 Massachusetts Ave., NW Washington, DC 20016 Visiting Assistant Professor of Law Sabbatical from the Copyright Office to pursue full-time teaching and scholarship in intellectual property and copyright.
U.S. Copyright Office, Library of Congress
January 2000 – Present
101 Independence Avenue, SE
Position Description from the United States Copyright Office:
The primary purpose of this position is to provide legal advice and counsel on matters related to the administration of title 17 including the registration and recordation of claims to copyright, the administration of copyright deposit matters and also including matters related to emerging technologies that affect the administration and development of title 17.
Serves as a expert on all legal and factual matters related to the administration of title 17 of the U.S. Code, including matters related to registration and recordation of claims but also emerging technological issues such as those involved in 17 U.S.C. 1201 or new subjects other than compulsory licenses which have been added to title 17. This includes matters where complex and difficult legal questions or factual issues are involved such as drafting legislation to modify title 17. Provides authoritative and assistance on all policy and legal issues in these areas. These issues include dealing with confidential and sensitive questions that cut across organizational lines and affect the administration and resources of the agency. Provides advice on novel questions and responds to substantive or procedural questions concerning violations of law or other area of legal expertise. Advises agency and outside agencies on interpretations of specialized areas of law and assists in planning policies affecting the agency's position. Evaluates the merits of complex laws, legislative proposals, regulations and policies that govern the administration of title 17. Demonstrates stature in the legal profession both through the accomplishment of legal work that is characterized by enduring significance and complexity and through the level and quality of professional associations. Provides professional and legal advice and related services to the General Counsel and the Register of Copyrights on matters concerning specified matters relating to the administration of title 17, including the implementation of procedures pursuant to the amendment of title 17. As requested by the General Counsel, provides legal advice and guidance to less senior staff members.
Prepares probing and innovative written legal analyses, and other analytical documents such as reports requested by Congress or memoranda on complex legal questions arising from the administration of title 17. Applies a comprehensive knowledge of a range of specialized areas of the law to the development, interpretation, or implementation of sensitive public policies that have long-range national or international significance, such as the effect of technological developments on traditional copyright protection, complex deposit questions, consideration of proposed new subject matter for protection under title 17, including analyzing what the registration of new works involves under title 17. These analyses define or clarify controversial or disputed legal issues; apply sophisticated legal analysis to intractable problems; assess political and institutional constraints; organize and present legal options and analyze their consequences; and anticipate the direction of policy questions. Drafts the most complex regulations and policies dealing with the administration of title 17 and makes recommendations for revisions to existing procedures and policies based on changes in the law, developments in technology, developments in the Library of Congress and the Copyright Office and other decisions or developments that affect title 17.
Conducts extensive legal research on highly intricate and exceedingly complex and novel questions of law and policy relating to all aspects of title 17. Performs analyses involving the interpretation and application of complex laws and regulations, or court rulings which affect the administration of title 17. Prepares complex proposals, responses to policy inquiries, letters, legal memoranda, litigation materials, and testimony. Analyzes complex proposals originating from other departments/agencies, including the Department of Justice, Congress, or the White House and responds to substantive or procedural questions concerning the operation of title 17. Prepares written material on matters of potential significance to the courts, the Copyright Office and the Library and on matters relating to pending reports, advisory committees, professional organizations, and other interested parties. Drafts reports and notices in the Federal Register soliciting responses on matters related to the administration of title 17. Drafts or reviews and prepares substantive comments on others' drafts of any regulations required in the administration of title 17. Analyzes agency operations, precedents, and current practices to recommend management's position on issues related to a variety of legal areas.
Represents the Copyright Office at professional, business, and bar association meeting and symposia. Acts as the legal counsel to the head of a major operating program of the agency, the General Counsel. Duties are performed under the direction of the Copyright General Counsel or the Register of Copyrights. Develops networks of key national and international individuals and organizations, and communicates regularly to share and receive critical information. Serves as one of the agency's principal authorities on litigation matters related to registration or recordation of claims, mandatory deposit or other subjects included in title 17. Serves as a principal liaison between the agency and other agencies or Congress on specific matters or areas related to the administration of title 17. Also serves as a spokesperson liaison for the General Counsel's Office with other divisions of the Copyright Office and others.
Sampling of areas of responsibility:
Participation in Studies and Programs:
Participation in Office's involvement in:
Speeches and Panels:
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
Speaker, Copyright and Education, U.S. Department of State's Foreign Service Institute in 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, 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 and Substitute Lecturer, University of Baltimore School of Law, 1996-2000 Advanced Intellectual Property Seminar on topics of:
Guest lecturer, 1998, International Intellectual Property Seminar on the Berne Convention.
Guest lecturer, Cyberspace Law Seminar, 1999, class on copyright issues and class on hyperlinks, framing, and metatags.
Supervisor, Advanced Legal Research, Fall 2001 Semester.
Judge, 1999, Jessup Mid-Atlantic Regional
International Law Moot Court Competition involving issues of international
Adjunct Faculty Representative to the Faculty Council, 1999-2000.
Speaker, A Current Events Symposium on Intellectual Property Law and Practice, February 2000, on the Digital Millennium Copyright Act and litigation.
Speaker and Panelist, Second Annual Current Events Symposium on Intellectual Property Law and Practice, February 2001, on copyright litigation issues and the Napster debate.
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.
UNIVERSITY OF BALTIMORE SCHOOL OF LAW
Juris Doctor, May 1992
Awards and Activities:
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
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, E&O INSURANCE FOR DOCUMENTARY FILMS: THE EFFECT OF THE BEST PRACTICE IN FAIR USE, American Bar Association TIPS Intellectual Property Law Committee Newsletter (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
Author, A Faculty Guide to Photocopying for Classroom Use,
24.2 U. Balt. L.F. 10 (1993).
Other speeches, lectures, and panels
ONLINE MODERATOR AND PANELIST, 1995-1998
Bar and Court Admissions
Professional Memberships and committee
Cont inuing Legal Education
inuing Legal Education