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Two Sides of Fair Use: In the University and in the Patent Office
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How is the fair use landscape changing? A team of experts will talk about 2 major contemporary fair use issues. In Cambridge U. Press v. Mark P. Becker the copyright practices of Georgia State University were challenged. Most of the accused practices were considered as fair use in the district court, but the matter is on appeal. Also, John Wiley sued law firms prosecuting patents for inclusion of journal articles in patent applications. Article publishers say copyright infringement, but is it?

When: Thursday April 18
From 6:00 PM to 8:00 PM
Where: Duane Morris LLP
100 High Street
24th Floor
Boston, Massachusetts  02108
United States
Contact: Michelle Atkins

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Copyright Society of the U.S.A.

New England Chapter

Two Sides of Fair Use:

In the University and in the Patent Office

April 18, 2013 6 p.m.

Duane Morris, LLP

100 High Street, 24th floor
Boston, MA 02108

Reception to follow

RSVPs should be sent to Michelle Atkins, or (857) 488-4245

Fair Use is on the rise. The presentation will focus how the fair use landscape is changing. We’ve assembled a team of experts to talk about two major contemporary fair use issues. In Cambridge University Press et al. v. Mark P. Becker et al the copyright policies and practices of Georgia State University were challenged. Most of the accused practices were considered as fair use in the district court. The case has huge implications for publishing and education. The publishers are fighting back vigorously on appeal. Second, John Wiley & Sons and American Institute of Physics sued law firms prosecuting patents for inclusion of journal articles in patent applications. The patent firms say they are just complying with disclosure obligations and the limited publication is a fair use. The publishers call it copyright infringement. What do these cases say about the present – and future – of the fair use defense?


The Speakers:

Mark Seeley, Reed Elsevier

Alfred Yen, Boston College Law School

Tim French, Fish & Richardson PC

Henry Horbaczewski, Morgan Lewis & Bockius LLP

Mark A. Fischer, Duane Morris LLP

Speaker Bios:

Mark Seeley is General Counsel of the Elsevier ( science & medical publishing business (since 1995), leading a team of lawyers based in Europe, the US and Asia. Chairs the Copyright & Legal Affairs Committee of the International Association of STM Publishers (, and is a member of the AAP (Association of American Publishers) Copyright Committee. Regular contributor to STM association papers on copyright issues and best practices guidelines for research journal publishing, and a speaker at publishing, library and legal conferences and events.

Alfred C. Yen is Professor of Law, Law School Fund Scholar, and Director of the Emerging Enterprises and Business Law Program at Boston College Law School. Professor Yen also served as Associate Dean for Academic Affairs at Boston College Law School from 2000-2002, and as Visiting Professor of Law at the University of Arizona during the spring of 2000. For 2007-08, he was Inaugural Distinguished Visiting Scholar of Intellectual Property at Drexel University School of Law. Professor Yen’s recent works include articles about third party copyright liability in the Georgetown, Case Western, and Minnesota law reviews, as well as the casebook Copyright: Essential Cases and Materials, Second Edition (2011, West Publishing), co-authored with Joseph Liu.

Timothy French is the Managing Principal of Fish & Richardson P.C.'s Boston office. His practice emphasizes patent and trademark prosecution in the United States and foreign countries, over a broad range of technology, with experience in patent and trademark licensing, trademark oppositions, patent and trademark related acquisitions, and some litigation and patent interference work. Mr. French is also the supervising attorney for firm Foreign and Trademark Departments. He has three years prior experience as process and materials engineer for E.I. du Pont De Nemours and Company and four years as plant engineer and manager with Tenneco Chemicals, Inc.

Henry Z. Horbaczewski is senior counsel in Morgan Lewis's Litigation Practice. Mr. Horbaczewski focuses his practice on intellectual property and copyright law protection, as well as commercial and corporate transactional law. Prior to joining Morgan Lewis, Mr. Horbaczewski was senior vice president and general counsel of Reed Elsevier Inc., a leading publishing and information company for the legal profession; before that, he was a partner at a New York-based firm. Mr. Horbaczewski received his J.D. from Harvard Law School in 1975 and his B.A., magna cum laude, from Harvard College in 1972, where he was elected to Phi Beta Kappa.

Mark A. Fischer is a partner at Duane Morris LLP. His law practice is focused on solving problems and making deals for innovative companies, institutions and individuals. Mr. Fischer’s clients are typically in the creative industries such as new media; social networking; music; interactive entertainment; information technology; software; data; television; publishing; scientific, technical and medical content; and toys. He has particular experience in U.S. and international copyright, entertainment, licensing, celebrity representation, copyright litigation, arbitration, open source, privacy and trademarks. He has considerable experience in the biotechnology and medical industries. He contributes to the New Media and Entertainment Blog at:

This event is free, but you must RSVP to Michelle Atkins, or (857) 488-4245

Patti Jones, Esq. and Lucy Lovrien, Esq.

Chapter Co-Chairs

Patti Jones, Esq. Lucy D. Lovrien, Esq.

20 Park Plaza, Suite 400 10 Winthrop Square

Boston, MA 02116 Boston, MA 02110

(617) 948-2139 (617) 423-4050

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