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Lydia Loren

Lydia Loren

Henry J. Casey Professor of Law

Legal Research Center 236
Legal Assistant:


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 4th ed. (2015 Aspen) (co-authored) is widely adopted at law schools across the nation.   Her casebook Intellectual Property Law: Cases and Materials Ver. 5.0 (2017 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

Academic Credentials

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


Separately Published Works

  • INTELLECTUAL PROPERTY LAW: CASES & MATERIALS, Semaphore Press (Ver. 5 2017) (with Joseph Scott Miller)
  • 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

  • Fair Use: An Affirmative Defense?, 90 Washington Law Review 685 (2015).
  • 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).
  • The Dual Narratives in the Landscape of Music Copyright, 52 Houston Law Review 537 (2014).
  • 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) ( 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) ( abstract=957939).
  • Slaying the Leather-Winged Demons in the Night: Reforming Copyright Owner Contracting with Clickwrap Misuse, 30 Ohio Northern University Law Review (2004) ( 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) ( 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).