Daniel Gervais, professor of law, has been appointed an associate reporter for the American Law Institute’s Restatement of Law Copyright project, one of three “Restatements of the Law” the ALI will begin in 2015.
An expert in international copyright law, Gervais directs the Vanderbilt Intellectual Property Program. As one of four associate reporters on the ALI Restatement of Law Copyright, Gervais will work with the project Reporter, Christopher Sprigman of New York University, and three other associate reporters to develop a Restatement of Copyright Law that includes the subject matter of copyright; the scope of the exclusive rights granted by copyright; copyright “formalities”; the rules governing ownership and transfer of copyrights; the duration of copyright; the standard for copyright infringement; rules regarding the circumvention of copyright protection systems; defenses to copyright infringement, including the first-sale limitation and fair use; and remedies, including actual and statutory damages, attorneys’ fees, and preliminary and permanent injunctive relief; and criminal penalties.
Other associate reporters appointed to work on the Restatement of Law Copyright project along with Gervais include Molly Van Houweling of Berkeley Law, R. Anthony Reese of University of California, Irvine, and Lydia Loren of Lewis & Clark Law School.
Gervais is the author of The TRIPS Agreement: Drafting History and Analysis (Sweet & Maxwell, 4th edition, 2012), a leading guide to the treaty that governs international intellectual property rights. He also created and maintains a blog, TRIPSagreement.net. Before he joined the legal academy, Gervais spent 10 years researching and addressing policy issues on behalf of the World Trade Organization, the World Intellectual Property Organization, the International Confederation of Societies of Authors and Composers, the International Federation of Reproduction Rights Organizations, and Copyright Clearance Center Inc. He joined Vanderbilt’s law faculty in 2008 from the University of Ottawa, where he was acting dean of the Common Law Section.