Intellectual Property Scholars Conference (IPSC) 2014 Announced

The Berkeley Center for Law and Technology at the UC Berkeley School of Law will host the 14th Annual Intellectual Property Scholars Conference on August 7th and 8th, 2014.  The conference is co-sponsored by the Berkeley Center for Law and Technology, UC Berkeley School of Law; the Intellectual Property Program, Benjamin N. Cardozo School of Law at Yeshiva University; the Center for Intellectual Property Law and Information Technology, DePaul University College of Law; and the Stanford Program in Law, Science & Technology, Stanford Law School.

The IP Scholars Conference brings together intellectual property scholars to present their works-in-progress and to listen and discuss others’ works.  The format of the conference is designed to facilitate open discussion and to help scholars hone their ideas. Papers presented should be works-in-progress that can benefit from the input provided by IPSC attendees.

Requests to Present:
  Requests to present should be submitted electronically no later than May 5, 2014, by submitting an abstract of the work-in-progress at  Every effort will be made to accommodate full-time IP scholars who submit a request by the deadline.  Requests from research fellows, non-U.S. researchers, and practicing attorneys as well as late submissions will be considered to the extent that time and space permit.

Presentation Decisions: Final decisions on requests to present will be made by May 30, 2014, and requestors will be notified at that time.  A wait-list will be created in order to allow some speakers to be added in the event that selected presenters are unable to attend.

Final abstracts for inclusion in the conference binder and papers for posting on the conference website will be due July 25, 2014.

Requests to Attend: BCLT welcomes attendance by full-time academics who would like to participate in discussions but do not plan to present their own work. Requests to attend should be registered at

For further details, see the conference announcement posted to

2013 in Fair Use

By any account, 2013 was a big year for the doctrine of fair use in copyright law. It was a big year for other copyright things, too; “copies” and “performances” were much in the news. More on those later, perhaps.

I had it in mind to actually write up synopses and critiques of the principal fair use opinions, but there has been no time. To borrow a phrase from Inigo Montoya, there is too much. Instead: Let me sum up.

I haven’t included cases in which fair use was argued but not relied on as a basis for decision. I haven’t included cases in which fair use was not argued but could have been – or should have been. And I haven’t included cases where fair use played an important role but wasn’t itself a litigated issue (see, for example, the continuing Lenz v. Universal Music litigation).

I have included cases that struck me, and no doubt struck many observers, as important markers on the journey toward understanding what roles (plural) fair use is playing in copyright policy today.

In reverse chronological order, with appellate cases first: Continue reading