Georgia v. Public Resource.org Inc. - Post-Argument SCOTUScast
featuring Zvi Rosen and Sy Damle
featuring Zvi Rosen and Sy Damle
In its very first case on copyright, the Supreme Court under Chief Justice John Marshall was faced with the question of whether its own reports are protected by copyright, and decided in the negative. This term, the Supreme Court is called upon to clarify the scope of that decision, which it has not further clarified since two cases heard in 1888. The question presented in Georgia v. Public.Resource.Org Inc. is whether the annotations to the Official Code of Georgia are "government edicts" and thus not within the scope of copyright, even though they lack the force of law. This case also raises implicit questions as to other quasi-governmental publications of which the copyright status is often surprisingly amorphous.
To discuss the case, we have Zvi Rosen, Visiting Scholar and Professorial Lecturer in Law at George Washington University School of Law and Sy Damle, Partner, Latham & Watkins LLP.
As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.
Associate Professor, UNH Franklin Pierce School of Law
Zvi S. Rosen is an Associate Professor at UNH Franklin Pierce School of Law and the Faculty Director of the Franklin Pierce Society for Intellectual Property. He has served as a Assistant Professor at the Southern Illinois University School of Law, as a Visiting Assistant Professor at the Maurice A. Deane School of Law at Hofstra University, and as a Visiting Scholar and Professorial Lecturer in Law at George Washington University School of Law.
In 2015-2016, he was the Abraham L. Kaminstein Scholar in Residence at the U.S. Copyright Office. Mr. Rosen received his J.D. from Northwestern University School of Law in 2005 and LLM in Intellectual Property in 2006 from the George Washington University Law School. He has practiced at Fried, Frank, Harris, Shriver & Jacobson LLP as well as smaller firms and his own practice, and clerked for the Hon. Thomas B. Bennett of the U.S. Bankruptcy Court for the Northern District of Alabama. He has written extensively on the development of modern copyright and trademark law, as well as on bankruptcy law.
Partner, Latham & Watkins LLP
Sy Damle is one of the nation’s foremost practitioners in copyright law, with a particular focus on copyright rate-setting and software copyrights. Mr. Damle is a partner in the Washington, D.C. office of Latham & Watkins and a member of the Intellectual Property Litigation Practice. He also serves as an advisor to the American Law Institute’s Restatement of the Law, Copyright, and regularly writes and speaks about cutting-edge copyright issues. Mr. Damle focuses his practice on high-stakes copyright litigation and regulatory matters.
Mr. Damle joined Latham after serving as General Counsel and Associate Register of Copyrights at the US Copyright Office. In this role, Mr. Damle was responsible for the agency’s litigation, regulatory, and other legal work. While at the Copyright Office, Mr. Damle played a central role in every significant copyright case to reach the Supreme Court, addressing areas as diverse as software copyrights, fee awards in copyright actions, and the scope of the safe harbors in the Digital Millennium Copyright Act (DMCA). In addition, Mr. Damle led the Office’s first comprehensive regulatory revision effort in decades, concluding over 20 rulemakings, and helped lead two rulemakings under the anti-circumvention provisions of the DMCA. He was also responsible for overseeing the work of the Copyright Royalty Board (CRB), which establishes royalty rates and terms for major segments of the copyright industry. In that role, he wrote and issued binding opinions addressing novel questions of copyright law that govern CRB proceedings. Mr. Damle also regularly advised Congress on novel copyright issues, including by drafting and reviewing legislation.
Previously, Mr. Damle served as an appellate attorney for the Civil Division of the Department of Justice (DOJ). In his role at the DOJ, he appeared as lead counsel in more than 40 appeals, focusing on intellectual property, administrative law, and constitutional matters. He was responsible for the defense of rate-setting determinations of the CRB in the US Court of Appeals for the D.C. Circuit. He also wrote briefs in a number of high-profile Supreme Court cases, including Cable News Network v. CSC Holdings, addressing alleged copyright infringement by remote DVR services, and Ashcroft v. Iqbal, addressing pleading standards. Mr. Damle also served as senior counsel in the Consumer Financial Protection Bureau.
Mr. Damle’s work has been recognized by leading publications, including the National Law Journal, which has named him one of the top 40 Under 40 minority lawyers in the United States, and as one of DC’s Rising Stars.
Mr. Damle is a member of the Copyright Society of the USA, and serves on the board of the Edward Coke Appellate Inn of Court.
Mr. Damle earned his JD from the University of Virginia, where he graduated first in his class. He holds systems engineering and business degrees from the University of Pennsylvania, and was a software developer and information technology consultant prior to attending law school. He also served as a clerk for Judge Sandra L. Lynch of the US Court of Appeals for the First Circuit.