Lydia Loren

Biography

Professor Loren’s areas of expertise include intellectual property generally and copyright law in particular. The third edition of her popular casebook Copyright in a Global Information Economy 5th ed. (2019 Aspen) (co-authored) is widely adopted at law schools across the nation.   Her casebook Intellectual Property Law: Cases and Materials Ver. 7.0 (2021 Semaphore Press) (co-authored), also widely adopted, is available digitally from Semaphore Press through a “pay-what-you-want” model meant to embrace widespread access to educational materials while permitting students to confront intellectual property issues through their casebook purchasing experience.  Professor Loren’s numerous law review articles address a broad range of copyright issues including whether fair use should be treated as an affirmative defense, ways to curb copyright owner abuse of takedown notices, how incentives should shape the scope of copyright protection, interpretations of Creative Commons contracts, approaches to statutory termination of transfer provisions, the evolution of criminal copyright infringement, and the market failure approach to fair use.

In 2013 Professor Loren was elected president of the board of Oregon Volunteer Lawyers for the Arts (OVLA).  In 2014 she was elected as a member of the American Law Institute and was appointed an Associate Reporter for the Restatement of Law, Copyright.

After graduation from law school Professor Loren clerked for the Honorable Ralph B. Guy, Jr., of the U.S. Court of Appeals, Sixth Circuit. She then joined the law firm of Bodman, Longley & Dahling in Detroit, where she was involved in all of aspects of intellectual property protection. Her practice included copyright and trademark counseling, application, prosecution, licensing, and enforcement litigation. During the 2006-2007 academic year Professor Loren served as interim dean of Lewis & Clark Law School, the first woman to hold that position at the Law School.  In 2010 she was named the Kay Kitagawa & Andy Johnson-Laird IP Faculty Scholar in recognition of her exemplary teaching and scholarship in Intellectual Property law.  In 2013 she was named the Robert E. Jones Professor of Advocacy & Ethics. In 2016 she was named the Henry J. Casey Professor of Law.

Specialty Areas and Course Descriptions

• Intellectual Property Survey
• Copyright Law
• Property Law
• Copyright Simulation Lab

Academic Credentials

• BA with high distinction 1987 Univ. of Michigan
• JD magna cum laude 1992 Univ. of Michigan Law School Order of the Coif

Bibliography

BOOKS AND BOOK CONTRIBUTIONS

• INTELLECTUAL PROPERTY LAW: CASES & MATERIALS, (Ver. 7.0 Semaphore Press 2021) (with Joseph Scott Miller)
• COPYRIGHT IN A GLOBAL INFORMATION ECONOMY (5th Ed. Aspen 2019) (with Julie Cohen, Ruth Okediji, and Maureen O’Rourke)
• INTELLECTUAL PROPERTY LAW: CASES & MATERIALS, (Ver. 6.0 Semaphore Press 2018) (with Joseph Scott Miller)
• INTELLECTUAL PROPERTY LAW: CASES & MATERIALS, (Ver. 5.0 Semaphore Press 2017) (with Joseph Scott Miller)
• COPYRIGHT IN A GLOBAL INFORMATION ECONOMY (4th Ed. Aspen 2015) (with Julie Cohen, Ruth Okediji, and Maureen O’Rourke)
• INTELLECTUAL PROPERTY LAW: CASES & MATERIALS, (Ver. 4.0 Semaphore Press 2015) (with Joseph Scott Miller)
• INTELLECTUAL PROPERTY LAW: CASES & MATERIALS, (Ver. 3.0 Semaphore Press 2014) (with Joseph Scott Miller)
• COPYRIGHT IN A GLOBAL INFORMATION ECONOMY (3d Ed. Aspen 2010) (with Julie Cohen, Ruth Okediji, and Maureen O’Rourke)
• COPYRIGHT IN A GLOBAL INFORMATION ECONOMY: CASE AND STATUTORY SUPPLEMENT (Aspen, separate editions published in 2003, 2004, 2005, 2007, 2008, 2009, 2011, 2012, and 2013, 2014, 2016, 2017, 2018) (with Julie Cohen, Ruth Okediji, and Maureen O’Rourke)
• COPYRIGHT IN A GLOBAL INFORMATION ECONOMY: STATUTORY SUPPLEMENT (Aspen) 2002, 2006, 2010, 2015 (with Julie Cohen, Ruth Okediji, and Maureen O’Rourke)
• INTELLECTUAL PROPERTY LAW: CASES & MATERIALS, Semaphore Press (Ver. 2.0 Semaphore Press 2010) (with Joseph Scott Miller)
• INTELLECTUAL PROPERTY LAW: CASES & MATERIALS, Semaphore Press (2008) (with Joseph Scott Miller)
• Understanding the Complexities of Music Copyrights in the United States, in 1 INTELLECTUAL PROPERTY AND INFORMATION WEALTH, VOLUME 1 (Peter Yu, ed.), Praeger Publishing (2007)
• COPYRIGHT IN A GLOBAL INFORMATION ECONOMY (2d Ed. Aspen 2006) (with Julie Cohen, Ruth Okediji, and Maureen O’Rourke)
• COPYRIGHT IN A GLOBAL INFORMATION ECONOMY (Aspen 2002) (with Julie Cohen, Ruth Okediji, and Maureen O’Rourke)
• Injunctions, in MICHIGAN CAUSES OF ACTION FORMBOOK, 67-1 (The Institute of Continuing Legal Education 1996) (with Stephen K. Postema)

LAW REVIEW ARTICLES

• Copyright Jumps the Shark: The Music Modernization Act, 99 BOSTON UNIV. L. REV. 2519 (2019)
  • Selected for inclusion in ENTERTAINMENT, PUBLISHING AND THE ARTS HANDBOOK (2020) (West Publishing).
  • Selected for inclusion in LINDEY ON ENTERTAINMENT, PUBLISHING, AND THE ARTS: AGREEMENTS AND THE LAW (2021)
• Proving Infringement: Burdens of Proof in Copyright Infringement Litigation, 23 LEWIS & CLARK L. REV. 621 (2019) (with R. Anthony Reese)
• Law, Visual Art, and Money, 22 LEWIS & CLARK L. REV. 1335 (2018)
• Fixation as Notice in Copyright Law, 96 BOSTON UNIV. L. REV. 939 (2016)
• Fair Use: An Affirmative Defense? 90 WASHINGTON LAW REV. 685 (2015)
  • Selected for inclusion in DEFENSE LAW JOURNAL Vol. 65 No. 3 (2016) (Lexis/Nexis Publishing)
• The Idea of the Casebook: Pedagogy, Prestige, and Trusty Platforms, WASHINGTON JOURNAL OF LAW, TECHNOLOGY AND THE ARTS VOL. 12 (2015) (with Joseph Scott Miller)
• The Dual Narratives in the Landscape of Music Copyright, 52 HOUSTON L. REV. 537 (2014)
• The Viability of the $30 Casebook: Intellectual Property, Voluntary Payment, Open Distribution, and Author Incentives, 21 JOURNAL OF INTELLECTUAL PROPERTY LAW 71 (2014)
• Abandoning the Orphans: An Open Access Approach to Hostage Works, 27 BERKELEY L. J. 1431 (2012)
• Computer Software-Related Litigation: Discovery and The Overly-Protective Order (co-authored with Andy Johnson-Laird), 6 FEDERAL COURTS L. REV. 1 (2012)
• The Bridge and Playful Thunder of Keith Aoki, 91 OREGON L. REV. (2012)
• Deterring Abuse of the Copyright Takedown Regime by Taking Misrepresentation Claims Seriously, 46 WAKE FOREST L. REV. 745 (2011)
• Renegotiating the Copyright Deal in the Shadow of the “Inalienable” Right to Terminate, 62 FLORIDA L. REV. 1329 (2010)
• The Evolving Role of “For Profit” Use in Copyright Law: Lessons from the 1909 Act , 26 SANTA CLARA COMP. & HIGH TECH. L. 255 (2010)
  • Selected for inclusion in COPYRIGHT LAW VOLUME II: APPLICATION TO CREATIVE INDUSTRIES IN THE 20TH CENTURY (2011) (Brian Fitzgerald and Benedict Atkinson Eds.), published in the Ashgate Library of Essays on Copyright Law
• The Pope’s Copyright? Aligning Incentives with Reality by Using Creative Motivation to Shape Copyright Protection, 69 LA. L. REV. 1 (2008)
  • Selected for inclusion in COPYRIGHT LAW ANTHOLOGY 2009-2010 (Dean Rod Smolla, Ed.)
• Building a Reliable Semicommons of Creative Works: Enforcement of Creative Commons Licenses and Limited Abandonment of Copyright, 14 GEORGE MASON L. REV. 271 (2007)
• Slaying the Leather-Winged Demons in the Night: Copyright Misuse as a Tool for Reforming Copyright Owner Contracting Behavior, 30 OHIO N.U.L. REV. 495 (2004)
• Untangling the Web of Music Copyrights, 53 CASE WESTERN RESERVE LAW REVIEW 673 (2003)
• Technological Protections in Copyright Law – Is More Legal Protection Needed? in INTERNATIONAL REVIEW OF LAW, COMPUTERS AND TECHNOLOGY (Kenneth V. Russell Ed.) (2002)
• The Changing Nature of Derivative Works in the Face of New Technologies, 4 JOURNAL OF SMALL AND EMERGING BUSINESS LAW 57 (2000)
• Digitization, Commodification, Criminalization: The Evolution of Criminal Copyright Infringement and the Importance of the Willfulness Requirement, 77 WASHINGTON UNIVERSITY LAW QUARTERLY 835 (1999)
• Paying the Piper, 3 JOURNAL OF SMALL AND EMERGING BUSINESS LAW 231 (1999)
• Redefining the Market Failure Approach to Fair Use in an Era of Copyright Permission Systems, 5 JOURNAL OF INTELLECTUAL PROPERTY LAW 1 (1997)

OTHER PUBLICATIONS

• What Did I Just Buy? Issues in Science and Technology Winter 2018 p. 91 (reviewing Aaron Perzanowski and Jason Schultz, THE END OF OWNERSHIP: PERSONAL PROPERTY IN THE DIGITAL ECONOMY (2017))
• Contractually Prohibiting Bad Reviews? Copyright Misuse to the Rescue, Maybe, OREGON INTELLECTUAL PROPERTY NEWSLETTER, Vol. 4 No. 2 (2003)
• Copyright Year in Review 2002, Published on CD-ROM by American Intellectual Property Lawyers Association (2002)
• The Complicated World of Music Copyrights and Webcasting, OREGON INTELLECTUAL PROPERTY NEWSLETTER, Vol. 2 No. 2 (2001)
• Labeling for Generic: No Infringement, NATIONAL LAW JOURNAL, May 22, 2000 (with Dr. Lawrence Sung)
• Safe Harbors From the Stormy Seas of Copyright Infringement Litigation, OREGON INTELLECTUAL PROPERTY NEWSLETTER, Vol.1 No. 1 (2000)
• Collaborative Web-based Course Materials: Bypassing Publishers and Benefitting Students, in LESSONS FROM THE WEB (Jurist Nov. 1999)
• Regulation in Cyberspace: A Case Study in SPAM, in LEARNING CYBERLAW IN CYBERSPACE (Aug. 1999)
• The Purpose of Copyright, OPEN SPACES (Feb. 1999)
• Trademark Basics (1998), Multimedia Lesson distributed by CALI (Winner of the 1997-98 Trautman CALI Lesson Writing Competition)
• State Licensing of Out-of-State Wholesale Distributors: An Undue Burden on Interstate Commerce, FOOD, DRUG, COSMETIC, AND MEDICAL DEVICE LAW DIGEST (January 1995) (with Thomas A. Roach)

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