James Gibson
Sesquicentennial Professor of Law
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Profile
Professor 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, Georgetown Law Journal, Texas Law Review, and UCLA Law Review, among other venues. Professor 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.
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Presentations
Presenter, "Recent Developments in Copyright Liability for Online Service Providers," GRIPLA Seminar Series, Greater Richmond IP Law Association (April 2021)
Presenter, "Against Reputation," SEALS Annual Conference, SEALS (August 2019)
Presenter, "Convergence and Conflation in Online Copyright," Fourth Annual Copyright Scholarship Roundtable, University of Pennsylvania Law School (June 2019)
Presenter, "Rights Accretion Redux," Second Annual Intellectual Property Scholarship Redux Conference, University of New Hampshire School of Law (April 2019)
Presenter, "Recent Developments in U.S. Intellectual Property Law," China University of Political Science & Law (March 2019)
Presentations Prior to 2019
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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
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Professional Experience
Austin E. Owen Research Scholar & Professor of Law (2019 - present)
University of Richmond School of Law, Richmond, VAAssociate Dean for Academic Affairs & Professor of Law (2014 - 2018)
University of Richmond School of Law, Richmond, VAProfessor of Law (2009 - 2014)
University of Richmond School of Law, Richmond, VADirector, Intellectual Property Institute (2005 - 2014)
University of Richmond School of Law, Richmond, VAAssociate Professor of Law (2007 - 2009)
University of Richmond School of Law, Richmond, VAVisiting Associate Professor of Law (2007 - 2008)
University of Virginia School of Law, Charlottesville, VAAssistant Professor of Law (2004 - 2007)
University of Richmond School of Law, Richmond, VAVisiting Assistant Professor of Law (2002 - 2004)
University of Richmond School of Law, Richmond, VAAssociate (1999 - 2002)
Williams & Connolly, Washington, DCAttorney-Adviser (1996 - 1998)
U.S. Sentencing Commission, Washington, DCLaw Clerk to the Hon. Karen Nelson Moore (1995 - 1996)
U.S. Court of Appeals for the Sixth Circuit
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Presentations
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Publications
Journal Articles
Convergence and Conflation in Online Copyright, 105 Iowa Law Review 1027 (with Chris Cotropia) (2020).
Rights Accretion Redux, 60 IDEA 45 (2019).
Boilerplate's False Dichotomy, 106 Georgetown Law Journal 249 (2018).
Higher Education and the DMCA, 25 Richmond Journal of Law & Technology (with Chris Cotropia) (2018).
Death Penalty Drugs and the International Moral Marketplace, 103 Georgetown Law Journal 1215 (with Corinna Lain) (2015).
Copyright's Topography: An Empirical Study of Copyright Litigation, 92 Texas Law Review 1981 (with Chris Cotropia) (2014).
Vertical Boilerplate, 70 Washington and Lee Law Review 161 (2013).
Tribute to Professor Carroll: "John Was Third", 46 University of Richmond Law Review 961 (2012).
The Upside of Intellectual Property’s Downside, 57 UCLA Law Review 921 (with Chris Cotropia) (2010).
Doctrinal Feedback and (Un)Reasonable Care, 94 Virginia Law Review 1641 (2008).
Accidental Rights, 116 Yale Law Journal Pocket Part 348 (2007).
Risk Aversion and Rights Accretion in Intellectual Property Law, 116 Yale Law Journal 882 (2007).
Once and Future Copyright, 81 Notre Dame Law Review 167 (2005).
A Topic Both Timely and Timeless, 10 Richmond Journal of Law & Technology 1 (2004).
Re-Reifying Data, 80 Notre Dame Law Review 163 (2004).
How Much Should Mind Matter - Mens Rea in Theft and Fraud Sentencing, 10 Federal Sentencing Reporter 136 (1997).
Magazines/Trade PublicationsThe International Market for Death Penalty Drugs, NCAA News (with Corinna Lain) (Winter 2015).
Click to Agree, Richmond Law Magazine 16 (Winter 2013).
The Feedback Loop, Richmond Law Magazine 14 (Winter 2009).
Newspaper ArticlesCapital Punishment, Illuminated, Richmond Times-Dispatch (with Corinna Lain) (May 2014) (Op-Ed.).
Europe Taught America How To End the Death Penalty. Now Maybe It Finally Will., Guardian (with Corinna Lain) (May 2014) (Op-Ed.).
Google's New Monopoly? How the Company Could Gain by Paying Millions in Copyright Fees, The Washington Post A21 (November 2008).
Blackberry Blues, Richmond Times-Dispatch (with Carl Tobias) (February 2006) (Op-Ed.).
Google's (Fair) Use of Copyrighted Work, The Washington Post A18 (October 2005).
File-Sharing Delusions, Providence Journal (December 2004) (Op-Ed.).
Additional PublicationsBoilerplate Dataset, Boilerplate’s False Dichotomy (2018).
Commentary to the U.S. Copyright Office Regarding the Section 512 Study: Higher Education and the DMCA Safe Harbors IHELG Monograph 17-04 (with Chris Cotropia) (2016).
Google as Copyright Iconoclast The Media Institute (August 2015).
Trademark Law As an Agency Problem - Part I The Media Institute (May 2015).
Fair Use and the Faces of Transformation, Part II The Media Institute (January 2015).
Fair Use and the Faces of Transformation, Part I The Media Institute (December 2014).
Transformation, Copyright Infringement, and Fair Use The Media Institute (with ) (September 2014).
Trademark Law and Consumer Centrality - Part I The Media Institute (July 2014).
Cease, Desist, and Laugh The Media Institute (April 2014).
Small Fry in Copyright Litigation The Media Institute (January 2014).
Google Books: Game, Set, But Not Match The Media Institute (November 2013).
How Hard-Fought Is Copyright Litigation? The Media Institute (September 2013).
Big Media in Copyright Litigation The Media Institute (August 2013).
Four Ways in Which Kirtsaeng Might Be Undone The Media Institute (April 2013).
Finally, an Answer on Copyright, First Sale, and the Gray Market The Media Institute (March 2013).
The Top Three Copyright Cases of 2012 The Media Institute (January 2013).
Google Books: Finally, an Actual Fair Use Ruling! The Media Institute (October 2012).
Apple v. Samsung: A Primer The Media Institute (September 2012).
Copyright and Federal Supremacy The Media Institute (May 2012).
Copyright's Gray Market, Redux The Media Institute (April 2012).
Trademark Tension, Part II The Media Institute (January 2012).
Trademark Tension, Part I The Media Institute (January 2012).
The Top Three Patent Cases of 2012 The Media Institute (January 2012).
Notice and Takedown, Here and Abroad The Media Institute (September 2011).
The DMCA and Repeat Infringers The Media Institute (July 2011).
Will You Go to Jail for Copyright Infringement The Media Institute (May 2011).
Contracting Away Copyright Privileges The Media Institute (April 2011).
Gray-Market Goods and Copyright's Gray Area The Media Institute (February 2011).
Reproduction, Distribution, and "Making Available" The Media Institute (November 2010).
Who's Afraid of the Berne Convention? The Media Institute (September 2010).
Viacom v. YouTube: A Different View on the District Court Ruling The Media Institute (July 2010).
Formalities and Tiered Copyright Protection The Media Institute (May 2010).
The Rebirth of Copyright As an Opt-In System The Media Institute (March 2010).
Copyright as Censorship - Part II The Media Institute (January 2010).
Copyright as Censorship - Part I The Media Institute (December 2009).
Two Copyright Lessons From a Pop Music Controversy The Media Institute (October 2009).
Using IP To Suppress Innovation (On Purpose) The Media Institute (July 2009).
The Case for (Considering) Regulation of Technology The Media Institute (May 2009).
Amazon's Kindle 2: The Copyright Ghost in the Machine The Media Institute (March 2009).
The U.S. Sentencing Guidelines: A Surprising Success? 1 New York University School of Law Center for Research in Crime & Justice, Occasional Paper in Crime & Justice (with Michael Goldsmith) (1999).
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In the News
Copyright anti-circumvention bill faces pleas for reform (Managing IP)
Fri., Apr. 3, 2020VidAngel new streaming business model seen raising new copyright questions (Communications Daily - Premium)
Mon., Oct. 23, 2017Republican National Committee accuses Spotsylvania official of trademark infringement (Fredericksburg.com)
Thu., Jul. 27, 2017Will a Supreme Court ruling on disparaging trademarks be a legal boost for the Redskins? (The Kojo Nnamdi Show)
Tue., Jun. 20, 2017Too many darn radio buttons (Oral Argument)
Fri., Apr. 28, 2017Apple, Samsung take design patent spat to Supreme Court this week (Christian Science Monitor)
Sun., Oct. 9, 2016A win for 'net neutrality' (The Atlantic)
Tue., Jun. 14, 2016Slow walk to high court best tactic for net neutrality foes (Bloomberg)
Tue., Jun. 14, 2016'World Series" of intellectual property (Bloomberg Law Radio)
Tue., May. 10, 2016Google as Copyright Iconoclast (The Media Institute)
Thu., Aug. 20, 2015Full salaries exposed in your local leaders (NBC12)
Tue., Jul. 7, 2015Nebraska'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, 2015FTC Report: Apps for children fall short (19 Action News, Cleveland)
Tue., May. 26, 2015Trademark Law As an Agency Problem: Part I (The Media Institute)
Wed., May. 6, 2015Why don't people read the fine print? 'The Why' (American Live Wire)
Thu., Apr. 30, 2015University of Texas looking to trademark VCU's term HAVOC (WRIC News)
Thu., Apr. 9, 2015Is Popcorn Time, The Internet's Favorite Piracy Site, Too Big For Its Own Good? (Future Tense - Slate)
Fri., Mar. 20, 2015Popcorn Time keeps growing and there's nothing Netflix can do to stop it (Yahoo! News)
Wed., Mar. 18, 2015Transformation, Copyright Infringement, and Fair Use (The Media Institute)
Tue., Sep. 30, 2014What does the trademark ruling really mean for the Redskins? (NBC 12)
Wed., Jun. 18, 2014On Your Side Alerts: CFFB explores arbitration clauses (NBC 12)
Wed., May. 21, 2014Gibson and Lain: Capital punishment, illuminated (Richmond Times-Dispatch)
Wed., May. 7, 2014Europe taught America how to end the death penalty. Now maybe it finally will (The Guardian)
Mon., May. 5, 2014Here's Why The 'Netflix For Pirated Movies' Is Probably Illegal (FreeNewsPos.com)
Tue., Apr. 29, 2014How Sketchy Streaming Sites Really Work - And Why Some Are Legal (Business Insider, Yahoo! Finance)
Thu., Apr. 24, 2014On Your Side Alert: Gmail Privacy Concerns (NBC 12)
Wed., Nov. 27, 2013Google Books: Game, Set, But Not Match (The Media Institute)
Wed., Nov. 20, 2013Henrico's superintendent is still collecting paychecks (CBS 6)
Tue., Oct. 8, 2013Big Media in Copyright Litigation (The Media Institute)
Tue., Aug. 20, 2013Do You Read the Fine Print? (Fox Business)
Thu., Aug. 1, 2013Those Wordy Contracts We All So Quickly Accept (The New York Times)
Fri., Jul. 12, 2013On Your Side Alert: Siri Collecting user data (NBC 12)
Fri., Jun. 28, 2013On Your Side Alert: Should you tell stores your ZIP Code? (NBC 12)
Mon., May. 20, 2013On Your Side Alert: FTC Apps For Children Fall Short (NBC 12 and WMCTV.com)
Fri., Feb. 22, 2013Instagram tries to explain self after changes anger users (Houston Chronicle)
Tue., Dec. 18, 2012Game-maker Bows to Power of Social Media (Marketing Vox)
Thu., Mar. 22, 2012Fan Makes FTC Complaint Over Mass Effect 3 Ending, But it Won't Hold Water (Forbes)
Mon., Mar. 19, 2012Junk Mail: Opt Out (NBC 12)
Wed., Mar. 14, 2012