James Gibson
Associate Dean for Academic Affairs
Professor of Law
Courses Taught Computer Law Contracts Copyright Intellectual Property Fundamentals International Intellectual Property
Profile

Associate Dean James Gibson teaches and writes in the areas of intellectual property, contracts, and law and technology. He is also founder and former director of the School of Law's Intellectual Property Institute. His scholarship has appeared in the Yale Law Journal, Virginia Law Review, Texas Law Review, and UCLA Law Review, among other venues. Dean Gibson is also a frequent commentator in the media and has been quoted in the New York Times, Wall Street Journal, National Law Journal, Slate, and Chronicle of Higher Education. He has been a visiting professor at the University of Virginia School of Law and is a recipient of the University of Richmond's 2007 Distinguished Educator Award.

Presentations

Presenter, "Trademark Law as an Agency Problem," INTA Trademark Scholarship Symposium (May 2015) [invited]

Presenter, "Capital Punishment, Human Rights, and the Market for Death Penalty Drugs," The Death Penalty in North Carolina and the U.S., Duke University Kenan Institute for Ethics (April 2015) (with Corinna Lain)
Presenter, "Copyright Incentives in the Courtroom," Works-in-Progress Intellectual Property Conference, George Washington University Law School (February 2015)
Discussant, "The State of Fair Use," Boalt Hall School of Law, UC Berkeley (December 2014)
Moderator, "The Law of Lethal Injection," The University of Richmond Law Review 2014 Allen Chair Symposium: Contemporary Death Penalty Issues, University of Richmond (October 2014)
Presenter, "Trademark and the Problem of Agency Costs," Intellectual Property Scholars Conference, Boalt Hall School of Law, UC Berkeley (August 2014)
Discussant, "The Moral and Philosophical Foundations of Property," Marshall Center Faculty Seminar, Jepson School of Leadership Studies, University of Richmond (May 2014)
Presenter, "Contracts Unwrapped," KCON9 - The Ninth Annual Conference on Contracts, St. Thomas University School of Law (February 2014)
Presenter, "Copyright's Topography," 51st Annual Conference on Intellectual Property Law, Center for American and International Law's Institute for Law and Technology (November 2013)
Moderator, "Social Media and Discovery," Bench-Bar Conference, Richmond Bar Association (October 2013)
Presenter, "Copyright's Topography," Thomas Jefferson Intellectual Property Inn of Court (October 2013)
Commentator, Junior Scholars in Intellectual Property Conference, Michigan State University College of Law (October 2013)
Presenter, "Copyright's Topography," Intellectual Property Scholars Conference, Cardozo School of Law (August 2013)
Organizer and Moderator, "Global Intellectual Property Enforcement," Union Internationale des Avocats/University of Richmond School of Law Conference (September 2012)
Presenter, "Consumers, Contracts, and Complexity," New England Intellectual Property Colloquium, Suffolk University School of Law (October 2011)
Presenter, "DMCA Notice and Takedown: The U.S. Perspective," Seminario sobre el Proyecto de Ley que Regulara los Derechos de Autor en Internet: Perspectiva Internacional de aa Proteccion al Derecho de Autor en Internet, Direccion Nacional de Derecho de Autor, Bogota, Colombia (September 2011)
Presenter, "Regulating Privacy through Contract," SEALS Conference (July 2011)
Presenter, "Contracts as Product Features," Intellectual Property Colloquium, Fordham University School of Law (April 2011)
Presenter, "A Vertical View of Cyber-Contracts," Twelfth Annual Intellectual Property Symposium, University of Texas School of Law (February 2011)
Presenter, "Consumer Information Costs in High-Tech Transactions," Works-in-Progress Intellectual Property Conference, Boston University School of Law (February 2011)

Panelist, "The Future of Fair Use," Hybrid ©: Sustaining Culture in Copyright, University of Maryland Center for Intellectual Property 2010 Symposium (June 2010)

Presenter, "Formalities: Then, Now, Later," Copyright@300: Looking Back at the Statute of Anne and Looking Forward to Challenges of the Future, Boalt Hall School of Law, UC Berkeley (April 2010)
Presenter, "The Upside of Intellectual Property's Downside," Intellectual Property Scholars Conference, Cardozo School of Law (August 2009)
Presenter, "The Upside of Intellectual Property's Downside," SEALS Conference (August 2009)
Featured Speaker, "Copyright, Libraries, and the University Mission," Annual Spring Program, Virginia Chapter of the Association of College and Research Libraries (May 2009)
Commentator, "The Boundaries of Copyright and Trademark/Consumer Protection Law," Symposium on the Boundaries of Intellectual Property, William & Mary School of Law (February 2009)
Presenter, "The Law of the Horse Twelve Years After," SEALS Conference (July 2008)

Conference Fellow, "Patent Failure: How Judges, Bureaucrats, and Lawyers Put Innovators at Risk," University of Georgia School of Law (March 2008)

Panelist, "Keynote Session and Panel Discussion: Campus Rights vs. Copyrights - The Entertainment Industry's Battle with Higher Education," Chronicle of Higher Education Technology Forum (February 2008)
Commentator, "The New Servitudes," University of Chicago Law School Faculty Blog (February 2008)
Presenter, "Unreasonable Care," University of Virginia School of Law (January 2008)
Panelist, "Panel I: The Problems," Copyright Alliance Symposium on Copyright and the University, George Washington University (December 2007)
Presenter, "Inadvertent Law," Washington and Lee University School of Law (October 2007)
Presenter, "Reasonableness," Seton Hall School of Law (October 2007)
Presenter, "Reasonableness," SEALS Conference (July 2007)
Keynote Speaker, "Intellectual Property and the University Mission," ResNet 2007 Conference, University of California at San Diego (June 2007)
Presenter, "Copyright, Colleges, and the DMCA," ResNet 2007 Conference, University of California at San Diego (June 2007)
Panelist, Response to "Utopian Visions of Copyright: Tweak, Transform, or Opt Out," (Remarks of Harvard Professor Terry Fisher), Seventh Annual Symposium on Intellectual Property: Copyright Utopia - Alternative Visions, Methods and Policies, University of Maryland Center for Intellectual Property (May 2007)
Presenter, "What If We Used IP Rights to Impede Evil Industries?" What Ifs ... and Alternative Stories in Intellectual Property and Cyberspace Law, Michigan State University School of Law (March 2007)
Presenter, "Risk Aversion and Rights Accretion in Intellectual Property Law," Eighth Annual Intellectual Property Symposium, University of Texas School of Law (February 2007)
Presenter, "Privacy, Technology, and Privacy," Mid-Atlantic People of Color Legal Scholarship Conference, University of Richmond School of Law (January 2007)
Panelist, "Myth & Ethics: P2P File Sharing Round III," George Mason University (October 2006)
Presenter, "Fair Use in the Digital Age," Annual Meeting of Intellectual Property Section, Virginia State Bar (October 2006)
Presenter, "Risk, Aversion, and Rights Accretion in Intellectual Property Law," Stanford/Berkeley Intellectual Property Scholars Conference (August 2006)
Panelist, "Intellectual Property Protection for Sports Statistics," Georgetown Law Center (April 2006)
Panelist, "MGM Studios v. Grokster," Annual Meeting of Intellectual Property Section, Virginia State Bar (October 2005)
Commentator (in writing) on the "Family Entertainment and Copyright Act of 2005," U.S. Sentencing Commission (August 2005)
Presenter, "The Copywrongs and Copyrights of Downloading Music," 175th Anniversary Weekend, University of Richmond (April 2005)
Panelist, "First Reflections on MGM Studios v. Grokster," George Washington University Law School (March 2005)
Moderator, "Creativity in the Information Age," University of Richmond School of Law (February 2005)
Presenter, "Once and Future Copyright," Faculty Workshop, University of Richmond School of Law (February 2005)
Panelist, "Digital Millennium Copyright Act Forum," Thomas Hall, University of Richmond (November 2004)
Presenter, "Intellectual Property Law," Oliver Hill-Samuel Tucker Pre-Law Institute, Virginia State Bar (July 2004)
Presenter, "Technology and Law," Governor's School, University of Richmond School of Law (July 2004)
Panelist, "File-Sharing Forum," President's College Associate Program, University of Richmond (September 2003)
Bar Admissions
Virginia
District of Columbia
U.S. Supreme Court, the U.S. Courts of Appeals for the Fourth, Sixth, and District of Columbia Circuits, and various U.S. District Courts
Professional Experience
Associate Dean for Academic Affairs (2014-present)
University of Richmond School of Law, Richmond, Va.
Professor of Law (2009-present)
University of Richmond School of Law, Richmond, Va.
Associate Professor of Law (2007-2009)
University of Richmond School of Law, Richmond, Va.
Visiting Associate Professor of Law (2007-2008)
University of Virginia School of Law, Charlottesville, Va.
Director, Intellectual Property Institute (2005-2014)
University of Richmond School of Law, Richmond, Va.
Assistant Professor of Law (2004-2007)
University of Richmond School of Law, Richmond, Va.
Visiting Assistant Professor of Law (2002-2004)
University of Richmond School of Law, Richmond, Va.
Associate (1999-2002)
Williams & Connolly, Washington, D.C.
Attorney-Adviser (1996-1998)
U.S. Sentencing Commission, Washington, D.C.
Law Clerk (1995-1996)
Law Clerk to Honorable Karen Nelson Moore
Publications
Articles
Death Penalty Drugs and the International Moral Marketplace, 103 Geo. L.J. (forthcoming 2015) (with Corinna Lain).

Copyright's Topography: An Empirical Study of Copyright Litigation, 92 Tex. L. Rev. 1981 (2014) (with Christopher A. Cotropia). 

Click To Agree, Richmond Law Magazine (Winter 2013).

Vertical Boilerplate, 70 Wash. & Lee L. Rev. 161 (2013). 

John Was Third, 46 U. Rich. L. Rev. 961 (2012).

The Upside of Intellectual Property's Downside, 57 UCLA Law Rev. 921 (2010) (with Christopher A. Cotropia).

Doctrinal Feedback and (Un)Reasonable Care, 94 Va. L. Rev. 1641 (2008). 

Accidental Rights, 116 Yale L.J. Pocket Part 348 (2007).

Once and Future Copyright, 81 Notre Dame L. Rev. 167 (2005). 

Re-Reifying Data, 80 Notre Dame L. Rev. 163 (2004). 

In the News

Full salaries exposed in your local leaders (NBC12)
Tue., Jul. 7, 2015

Nebraska's governor threatens to execute prisoners out of spite (The Atlantic)
Fri., Jun. 5, 2015

'Guerilla war' against lethal injections? (Jost on Justice)
Sun., May. 31, 2015

FTC Report: Apps for children fall short (19 Action News, Cleveland)
Tue., May. 26, 2015

Trademark Law As an Agency Problem: Part I (The Media Institute)
Wed., May. 6, 2015

Why don't people read the fine print? 'The Why' (American Live Wire)
Thu., Apr. 30, 2015

University of Texas looking to trademark VCU's term HAVOC (WRIC News)
Thu., Apr. 9, 2015

Is Popcorn Time, The Internet's Favorite Piracy Site, Too Big For Its Own Good? (Future Tense - Slate)
Fri., Mar. 20, 2015

Popcorn Time keeps growing and there's nothing Netflix can do to stop it (Yahoo! News)
Wed., Mar. 18, 2015

Transformation, Copyright Infringement, and Fair Use (The Media Institute)
Tue., Sep. 30, 2014

What does the trademark ruling really mean for the Redskins? (NBC 12)
Wed., Jun. 18, 2014

On Your Side Alerts: CFFB explores arbitration clauses (NBC 12)
Wed., May. 21, 2014

Gibson and Lain: Capital punishment, illuminated (Richmond Times-Dispatch)
Wed., May. 7, 2014

Europe taught America how to end the death penalty. Now maybe it finally will (The Guardian)
Mon., May. 5, 2014

Here's Why The 'Netflix For Pirated Movies' Is Probably Illegal (FreeNewsPos.com)
Tue., Apr. 29, 2014

How Sketchy Streaming Sites Really Work - And Why Some Are Legal (Business Insider, Yahoo! Finance)
Thu., Apr. 24, 2014

On Your Side Alert: Gmail Privacy Concerns (NBC 12)
Wed., Nov. 27, 2013

Google Books: Game, Set, But Not Match (The Media Institute)
Wed., Nov. 20, 2013

Henrico's superintendent is still collecting paychecks (CBS 6)
Tue., Oct. 8, 2013

Big Media in Copyright Litigation (The Media Institute)
Tue., Aug. 20, 2013

Do You Read the Fine Print? (Fox Business)
Thu., Aug. 1, 2013

Those Wordy Contracts We All So Quickly Accept (The New York Times)
Fri., Jul. 12, 2013

On Your Side Alert: Siri Collecting user data (NBC 12)
Fri., Jun. 28, 2013

On Your Side Alert: Should you tell stores your ZIP Code? (NBC 12)
Mon., May. 20, 2013

On Your Side Alert: FTC Apps For Children Fall Short (NBC 12 and WMCTV.com)
Fri., Feb. 22, 2013

Instagram tries to explain self after changes anger users (Houston Chronicle)
Tue., Dec. 18, 2012

Game-maker Bows to Power of Social Media (Marketing Vox)
Thu., Mar. 22, 2012

Fan Makes FTC Complaint Over Mass Effect 3 Ending, But it Won't Hold Water (Forbes)
Mon., Mar. 19, 2012

Junk Mail: Opt Out (NBC 12)
Wed., Mar. 14, 2012


Education
J.D., University of Virginia School of Law 1995
B.A., Yale University 1991
Contact Information
(804) 287-6398
(804) 289-8683 (Fax)
Areas of Expertise
Intellectual Property
Copyrights and Trademarks
Law and Technology
Contracts