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Litman, Jessica

John F. Nickoll Professor of Law

432 Hutchins Hall
734.615.0594
E-mail jdlitman@umich.edu
Jessica Litman, the John F. Nickoll Professor of Law, is the author of Digital Copyright and the coauthor, with Jane Ginsburg and Mary Lou Kevlin, of the casebook Trademarks and Unfair Competition Law: Cases and Materials. Before rejoining the Michigan faculty in 2006, Prof. Litman was a professor of law at Wayne State University in Detroit, a visiting professor at New York University School of Law and at American University Washington College of Law, as well as a professor at Michigan Law from 1984 to 1990. In addition, she has taught copyright law at the University of Tokyo as part of the Law Faculty Exchange Program. Prof. Litman is a past trustee of the Copyright Society of the USA and a past chair of the Association of American Law Schools Section on Intellectual Property. She is an adviser for the American Law Institute's Restatement of Copyright, and a member the advisory council of the Future of Music Coalition and the advisory board of Cyberspace Law Abstracts. She graduated from Reed College, earned an MFA at Southern Methodist University, and holds a JD from Columbia Law School.

Recent Publications

More Publications...


"Silent Similarity." Chi. -Kent J. Intell. Prop. L. 14, no. 1 (2015): 11-47.
Full Text: MLaw Repository | WWW | SSRN​ ​​​​

"Campbell at 21/Sony at 31." U of Michigan Public Law Research Paper No. 450; Wash. L. Rev. 90 (Forthcoming, 2015).
Full Text: SSRN

"Fetishizing Copies." In Copyright in An Age of Limitations and Exceptions, edited by R. Okediji. Cambridge University Press, (Forthcoming, 2015).​

​"Notes, The Problem of Functional Features: Trade Dress Infringement Under Section 43(a) of the Lanham Act." In Trademark and Unfair Competition Law, edited by G. B. Dinwoodie and M. D. Janis. Volume II: Doctrinal Debates. Critical Concepts in Intellectual Property Law. (Cheltenham, U.K.: Edward Elgar Publishing, 2014): 313-33. (Originally published under the same title in Colum. L. Rev. 82, no. 1 (1982): 77-97.)​​

"Breakfast with Batman: The Public Interest in the Advertising Age." In Trademark and Unfair Competition Law, edited by G. B. Dinwoodie and M. D. Janis. Volume I: Themes and Theories. Critical Concepts in Intellectual Property Law. (Cheltenham, U.K.: Edward Elgar Publishing, 2014): 525-43. (Originally published under the same title in Yale L. J. 108, no. 7 (1999): 1717-35.)

Co-editor. Trademark and Unfair Competition Law: Cases and Materials. 5th ed. J. C. Ginsburg and M. L. Kevlin, co-editors. New Providence, N.J.: LexisNexis, 2013.

Co-author. "Panel III: Politics and the Public in IP & Info Law Policy Making." M. J. Burstein et al., co-authors. Cardozo Arts & Ent. L. J. 31, no. 3 (2013): 642-61. (Spring Symposium: Critical Legal Studies & the Politicization of Intellectual Property and Information Law)​
Full Text: HEIN (UMich users) | HEIN | WWW​​

"Antibiotic Resistance." In Entertainment, Publishing and the Arts Handbook. 2013 ed., 247. Eagan, Minn.: West, 2013. (Originally published under the same title in Cardozo Arts & Ent. L. J. 30, no. 1 (2012): 53-72.)

"Antibiotic Resistance." Cardozo Arts & Ent. L. J. 30, no. 1 (2012): 53-72.
Full Text: MLaw Repository | SSRN | HEIN (UMich users) | HEIN | DeepBlue | WWW
Professor

Activities

Spoke on "Beyond Transformative Use—Other Fair and Permitted Uses" at the Fair Use in the Digital Age: The Ongoing Influence of Campbell v. Acuff-Rose's "Transformative Use Test" conference, University of Washington School of Law, Seattle, April 2015.

Selected as an adviser on the American Law Institute's Restatement of the Law, Copyright project, February 2015.​​

Panelist on the topic "Is Grand Copyright Possible?" at the 23rd Annual Computers, Freedom & Privacy Conference, "Our Computers, Our Freedom: Can You Trust Anyone in the Digital Age?", Washington, D.C., June 2013.

Taught U.S. copyright law at the University of Tokyo as part of the Michigan Law Faculty Exchange Program, July 2012.

Gave a seminar on "Copyright Reform for the 21st Century" to faculty and grad students at the University of Tokyo, July 2012.

Participated in the Fourth Trademark Scholars Roundtable at DePaul University Center for Intellectual Property Law and Information Technology, April 2012.

Spoke on "The Future of Copyright Law" at the University of Detroit-Mercy Law Review Sympoisum on the Future of Intellectual Property Law, March 2012.

 
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