Intellectual Property


Intellectual property issues are at the heart of the Cyberlaw Clinic’s work, and many of the Clinic’s clients raise questions about the ways in which their activities are affected by laws governing copyrights, trademarks, patents, and other legal regimes that confer IP or IP-like rights on creators and developers of content.  The Clinic maintains an active practice in intellectual property advising, including risk assessment, and has drafted a wide range of transactional documents that relate to IP rights (including license agreements and other documents concerning transfers of intellectual property).


In the area of copyright, the Clinic has advised clients about intermediary liability and protections under the Digital Milennium Copyright Act; originality and scope of protection; statutory damages; and reversion of rights in works that have been transferred.  The Clinic routinely drafts copyright licenses and counsels clients on appropriate use of “open” licenses, including Creative Commons licenses and a wide range of open source software licenses.


The Cyberlaw Clinic offers services in the areas of trademark infringement, fair use, and parody; the scope of trademark protection, trademark validity, and “genericide”; website domain name disputes, including the Uniform Domain-Name Dispute-Resolution Policy (UDRP), and cybersquatting.  The Clinic also has expertise with respect to trademark licensing.


The Clinic has addressed issues in the realm of patent, including liability and freedom to operate (infringement, validity, and enforceability); patent-busting and reexamination of overbroad patents, and patent licensing.


The Clinic has expertise in issues relating to data protection and rights in databases, moral rights, and the interplay between copyright and website terms of use.  The Clinic has also advised clients on issues relating to rights of privacy and publicity.