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Lydia Loren

Robert E. Jones Professor of Advocacy and Ethics

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Legal Research Center

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 3 ed. (2010 Aspen) (co-authored) is widely adopted at law schools across the nation.   Her casebook Intellectual Property Law: Cases and Materials Ver. 3.2 (2014 Semaphore Press) (co-authored), also widely adopted, is available digitally from Semaphore Press.  She has published in a variety of law reviews, including the Florida Law Review, Washington University Law Quarterly, George Mason Law Review, Case Western Reserve Law Review, Wake Forest Law Review, and the Berkeley Technology Law Journal on topics ranging from creative commons licensing, music copyrights in the age of the internet, copyright misuse through contract behavior, criminal copyright infringement, the proper scope of the derivative work right in the digital age, and economic analysis as it relates to the copyright doctrine of fair use. Loren’s recent article in the Berkeley Technology Law Journal examines the metaphor of “orphan works” in copyright and suggests that a more appropriate metaphor of “hostage works” might lead to policy developments that better achieve the goal of copyright law: progress in knowledge and learning.  In 2013 Professor Loren was elected president of the board of Oregon Volunteer Lawyers for the Arts (OVLA).

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.

Specialty Areas & Course Descriptions

Academic Credentials

  • B.A. with high distinction 1987 Univ. of Michigan
  • J.D. magna cum laude 1992 Univ. of Michigan Law School Order of the Coif

Bibliography

Separately Published Works

  • INTELLECTUAL PROPERTY LAW: CASES & MATERIALS, Semaphore Press (Ver. 3.2 2014) (with Joseph Scott Miller)
  • COPYRIGHT IN A GLOBAL INFORMATION ECONOMY: CASE AND STATUTORY SUPPLEMENT (Aspen, separate editions published in 2003, 2004, 2005, 2007, 2008, 2009, 2011, and 2012) (with Julie Cohen, Ruth Okediji, and Maureen O’Rourke)
  • COPYRIGHT IN A GLOBAL INFORMATION ECONOMY: STATUTORY SUPPLEMENT (Aspen) 2002, 2006, 2010 (with Julie Cohen, Ruth Okediji, and Maureen O’Rourke)
  • INTELLECTUAL PROPERTY LAW: CASES & MATERIALS, Semaphore Press (2d Ed. 2010) (with Joseph Scott Miller)
  • COPYRIGHT IN A GLOBAL INFORMATION ECONOMY (3d Ed. Aspen 2010) (withJulie Cohen, Ruth Okediji, and Maureen O’Rourke)
  • INTELLECTUAL PROPERTY LAW: CASES & MATERIALS, Semaphore Press (2008) (with Joseph Scott Miller)
  • COPYRIGHT IN A GLOBAL INFORMATION ECONOMY (2d Ed. Aspen 2006) (withJulie Cohen, Ruth Okediji, and Maureen O’Rourke)
  • COPYRIGHT IN A GLOBAL INFORMATION ECONOMY (Aspen 2002) (with Julie Cohen, Ruth Okediji, and Maureen O’Rourke)

Works Published As Part of a Collection

  • Open Education Resources and the Continuing Importance of Copyright’s Limitations and Exceptions, in Exceptions and Limitations in the International Copyright System (2013 Oxford University Press forthcoming).
  • Abandoning the Orphans: An Open Access Approach to Hostage Works, 27 Berkeley Tech. 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. 5 (2012).
  • The Bridge and Playful Thunder of Keith Aoki, 90 Oregon L. Rev. 1217 (2012).
  • Deterring Abuse of the Copyright Takedown Regime by Taking Misrepresentation Claims Seriously, 46 Wake Forest Law Review 745 (2011).
  • Renegotiating the Copyright Deal in the Shadow of “Inalienable” Right to Terminate, 62 Florida Law Review 1329 (2010).
  • The Evolving Role of ‘For Profit’ Use in Copyright Law: Lessons from the 1909 Act, 50 Santa Clara Computer and High Technology Law Journal 255 (2010).
  • The Pope’s Copyright? Aligning Incentives with Reality by Using Creative Motivation to Shape Copyright Protection, 69 Louisiana Law Review 1 (2008) (http://ssrn.com/ abstract=1134035).
  • Building a Reliable Semicommons of Creative Works: Enforcement of Creative Commons Licenses and Limited Abandonment of Copyright, 14 George Mason Law Review 271 (2007) (http://ssrn.com/ abstract=957939).
  • Slaying the Leather-Winged Demons in the Night: Reforming Copyright Owner Contracting with Clickwrap Misuse, 30 Ohio Northern University Law Review (2004) (http://ssrn.com/ abstract=582402).
  • Contractually Prohibiting Bad Reviews? Copyright Misuse to the Rescue, Maybe, Oregon Intellectual Property Newsletter, Vol. 4 No. 2 (2003) (http://www.lclark. edu/~ipso/OIPN/vol4no2. pdf).
  • Untangling the Web of Music Copyrights, 53 Case Western Reserve Law Review 673 (2003) (http://ssrn.com/ abstract=424701).
  • Technological Protections in Copyright Law – Is More Legal Protection Needed? in International Review of Law, Computers and Technology (Kenneth V. Russell Ed.) (2002).
  • Copyright Year in Review 2002, Published on CD-ROM by American Intellectual Property Lawyers Association.
  • The Complicated World of Music Copyrights and Webcasting, Oregon Intellectual Property Newsletter, Vol. 2 No. 2 (2001).
  • The Changing Nature of Derivative Works in the Face of New Technologies, THE JOURNAL OF SMALL AND EMERGING BUSINESS LAW, Volume 4, Number 1, Spring 2000.
  • 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).
  • Paying the Piper, THE JOURNAL OF SMALL AND EMERGING BUSINESS LAW; Volume 3, Number 2 (Winter 1999).
  • Digitization, Commodification, Criminalization: The Evolution of Criminal Copyright Infringement and the Importance of the Willfulness Requirement, 77 WASHINGTON UNIVERSITY LAW QUARTERLY; Volume 77, Number 3 (1999).
  • Regulation in Cyberspace: A Case Study in SPAM, in LEARNING CYBERLAW IN CYBERSPACE (Aug. 1999).
  • Collaborative Web-based Course Materials: Bypassing Publishers and Benefitting Students, in Lessons from the Web (Jurist Nov. 1999).
  • The Purpose of Copyright, OPEN SPACES (Feb. 1999).
  • Trademark Basics , MULTIMEDIA LESSON distributed by CALI(Winner of the 1997-98 Trautman CALI Lesson Writing Competition) (1998).
  • Redefining the Market Failure Approach to Fair Use in an Era of Copyright Permission Systems, 5 JOURNAL OF INTELLECTUAL PROPERTY LAW 1 (1997).
  • Injunctions, in Michigan Causes of Action Formbook, 67-1 THE INSTITUTE OF CONTINUING LEGAL EDUCATION 1996 (with Stephen K. Postema).
  • State Licensing of Out-of-State Wholesale Distributors: An Undue Burden on Interstate Commerce, FOOD, DRUG, COSMETIC, AND MEDICAL LAW DIGEST January 1995 (with Thomas A. Roach).
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Lydia Loren’s office is located in room 234 of Legal Research Center.

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voice 503-768-6755

Lydia Loren Robert E. Jones Professor of Advocacy and Ethics

Lewis & Clark Law School 10015 S.W. Terwilliger Boulevard MSC 51 Portland OR 97219 USA

45.45177; -122.677216