Brett Frischmann

Director, Cardozo Intellectual Property & Information Law Program

Professor of Law

Education

B.A., 1995, M.A., 1997, Columbia University
J.D., 2000, Georgetown University

Areas of Expertise

Copyright
Intellectual Property
Internet Law

Bio

Brett Frischmann is the director of the Cardozo Intellectual Property and Information Law Program. His expertise is in intellectual property and Internet law, and in particular the relationships between infrastructural resources, property rights, commons, and spillovers. He recently published Infrastructure: The Social Value of Shared Resources with Oxford University Press, which devotes much needed attention to understanding how society benefits from infrastructure resources and how management decisions affect a wide variety of interests. Professor Frischmann is a prolific author, whose articles have appeared in Columbia Law Review, Cornell Law Review, University of Chicago Law Review, and Review of Law and Economics.

 

After clerking for the Honorable Fred I. Parker of the U.S. Court of Appeals for the Second Circuit and practicing at Wilmer, Cutler & Pickering in Washington, DC, he joined the Loyola University, Chicago law faculty in 2002. He has held visiting appointments at Cornell and Fordham.

 

Professor Frischmann holds a B.A. in Astrophysics from Columbia University, an M.S. in Earth Resources Engineering from Columbia University, and a J.D. from the Georgetown University Law Center.

 

He is an Affiliate Scholar of the Center for Internet and Society at Stanford Law School, and he blogs at madisonian.net.

 

Professional Affiliations and Memberships

Admitted to the Maryland Bar
Member of the American Bar Association, the American Intellectual Property Law Association, the Association of American Law Schools, the Law and Society Association, American Law and Economics Association
Advisory Board for the Institute for Consumer Antitrust Studies, Loyola University Chicago
Member of the Board of Trustees of the Nexa Center for Internet & Society, Torino, Italy
Editorial Board of I/S: A Journal of Law and Policy for the Information Society
Program Committee for the Telecommunications Policy Research Conference, 2006-2008

Professional Activities

Book Talk, University of Chicago Law School, Apr. 1, 2013

 Faculty Workshop, Emory Law School, Mar. 20, 2013 (Capabilities, Spillovers, and Intellectual Progress

• Stanford Law and Economics Lunch Workshop, Stanford Law School, Feb. 28, 2013 (Law and Economics of Network Neutrality)
•Evening Lecture / Book Talk, Stanford Center for Internet & Society, Stanford Law School, Feb. 27, 2013
•Panelist, The American Law Institute Young Scholars Conference on Copyright and Patent Law, Feb. 21, 2013
•Center for Technology, Innovation and Competition Workshop, University of Pennsylvania Law School, Feb. 14, 2013 (Capabilities, Spillovers, and Intellectual Progress)
•IP Speaker Series, University of San Diego, School of Law, Feb. 7, 2013 (Capabilities, Spillovers, and Intellectual Progress)
•Invited Commentator, Tri-State Works-In-Progress Colloquium, NYU Law School, Jan 11, 2013.
 •Lecture, Mejan Arc, Royal Institute of Art, In Search of Common Ground / Research.Lab, Stokholm, Sweden. December, 13, 2012. (Infrastructure as Commons; with commentary by Professor Giovanni Alegretti, University of Coimbra)
 •Distinguished Lecture, Law and Markey Behavior Distinguished Speaker Series, University of Notre Dame Law School, John J. Reilly Center on Science, Technology, and Values, and The Program on Law & Human Development, South Bend, IN. November 9, 2012
 •Book Talk, The Centre for Intellectual Property Policy, McGill University, Montreal, Quebec. November 2, 2012
 •Book Talk, The Wharton School, University of Pennsylvania, Philadelphia, PA. October 18, 2012

Publications

Books

INFRASTRUCTURE: THE SOCIAL VALUE OF SHARED RESOURCES (Oxford University Press, 2012)

 

CYBERLAW: PROBLEMS OF POLICY AND JURISPRUDENCE IN THE INFORMATION AGE (4th ed., 2010) (with Patricia Bellia, Paul Berman, and David Post)

GOVERNING THE KNOWLEDGE COMMONS (eds. Brett Frischmann, Michael Madison & Katherine Strandburg, Oxford University Press, forthcoming 2013)

Articles in Peer Reviewed Journals

Revisiting the Marginal Cost Controversy, Journal of Economic Perspectives (forthcoming Spring 2014) (with Christiaan Hogendorn, Wesleyan University, Economics)

Two Enduring Lessons from Elinor Ostrom, Journal of Institutional Economics (forthcoming 2013)

Compliance Institutions in Treaties, 7 Review of Law and Economics (2011) (with Jim Hartigan, University of Oklahoma, Economics)

Revitalizing Essential Facilities, 75 Antitrust Law Journal 1 (2008) (with Spencer Weber Waller, Loyola University Chicago)

Network Neutrality and The Economics of an Information Superhighway, 47 Jurimetrics 383 (2007) (with Barbara van Schewick, Stanford)

Evaluating the Demsetzian Trend in Copyright Law, 3 Review of Law and Economics (2007)

  •      Harold Demsetz, Frischmann’s View of “Toward a Theory of Property Rights,” 4 Review of Law and Economics (2008) (responding to my article)
  •      Spillovers Theory and Its Conceptual Boundaries, 51 William & Mary Law Review 801 (2009) (responding in part to Demsetz’s essay).

Articles in Law Reviews

Constructing Commons in the Cultural Environment, Cornell Law Review (2010) (with Michael Madison, University of Pittsburgh, and Katherine Strandburg, NYU).

  • Special issue of Cornell Law Review dedicated to our article with commentary on the piece from Professors Thrainn Eggertsson, Wendy Gordon, Gregg Macey, Robert Merges, Elinor Ostrom, and Larry Solum.

Environmental Infrastructure, 35 Ecology Law Quarterly 151 (2008).

 

  •  Special issue focused on applications of my infrastructure commons theory. Featured articles written by Professors David Driesen, Gregory Mandel, Marc Poirier, and myself.

Cultural Environmentalism and The Wealth of Networks, 74 University of Chicago Law Review 1083 (2007) (reviewing Yochai Benkler, The Wealth of Networks: How Social Production Transforms Markets and Freedom (2006))

Spillovers, 107 Columbia Law Review 257 (2007) (with Mark A. Lemley, Stanford)

  • According to Shapiro and Pearce, The Most-Cited Articles of All Time, 110 Mich. L. Rev. 1483, 1497 (2012), Spillovers is the most cited article published in 2007.

An Economic Theory of Infrastructure and Commons Management, 89 Minnesota Law Review 917 (2005)

  • Lawrence Lessig, Reply: Re-Marking the Progress in Frischmann, 89 Minnesota Law Review 1031 (2005) (responding to my article).

A Dynamic Institutional Theory of International Law, 51 Buffalo Law Review 679 (2003)

Privatization and Commercialization of the Internet Infrastructure: Rethinking Market Intervention into Government and Government Intervention into the Market, 2 Columbia Science and Technology Law Review 1 (2001)

Using the Multi-Layered Nature of International Emissions Trading and of International-Domestic Legal Systems to Escape a Multi-State Compliance Dilemma, 13 Georgetown International Environmental Law Review 463 (2001)

The Evolving Common Law Doctrine of Copyright Misuse: A Unified Theory and its Application to Software, 15 Berkeley Technology Jaw Journal 865 (2000) (with Daniel Moylan) (cited in In re Napster Litigation, 191 F.Supp.2d 1087 (N.D. Cal., Feb 22, 2002))

Innovation and Institutions: Rethinking the Economics of U.S. Science and Technology Policy, 24 Vermont Law Review 347 (2000)

Symposium Articles

Intergenerational Progress, Wisconsin Law Review (2011) (with Mark McKenna, Notre Dame Law School)

Spillovers Theory and Its Conceptual Boundaries, 51 William & Mary Law Review 801 (2009)

The University as Constructed Cultural Commons, Washington University Journal of Law & Policy (2009) (with Michael Madison, University of Pittsburgh, and Katherine Strandburg, NYU)

The Pull of Patents, 77 Fordham Law Review 2143 (2009)

Speech, Spillovers, and the First Amendment, 2008 University of Chicago Legal Forum (2008)

Some Thoughts on Shortsightedness and Intergenerational Equity, 36 Loyola University Chicago Law Journal 457 (2005) (essay for Faculty issue on the topic of Justice)

Infrastructure Commons, 2005 Michigan State Law Review 1 (2004)

The Prospect of Reconciling Internet and Cyberspace, 35 Loyola University Chicago Law Journal 205 (2003)

Shorter Works

Online Essay, Doctrinal Precedence Among the Hatch-Waxman Act, the Patent Act, and the Sherman Act, Patently-O, Mar. 13, 2013, at http://www.patentlyo.com/patent/2013/03/brett-frischmann-ftc-watson.html.
Chapter, Access to Infrastructure in Economic Perspective, in Cyber Policy and Economics in an Internet Age, 2d. ed. (Lorenzo Pupillo & William Lehr eds., 2009) (college/university textbook)

Book Review, Alabama Law Review (2009), reviewing Michael A. Carrier, INNOVATION FOR THE 21ST CENTURY: HARNESSING THE POWER OF INTELLECTUAL PROPERTY AND ANTITRUST LAW

Book Review, Avoiding a Cliff Dive, reviewing Jonathan Zittrain’s The Future of the Internet and How to Stop It, 321 Science 491 (July, 25 2008) (peer reviewed)

Online Essay, Infrastructure Commons in Economic Perspective, First Monday, vol. 12, num. 6 (June 2007) (peer reviewed), at http://firstmonday.org/issues/issue12_6/frischmann/index.html
Chapter, The Evolving Doctrine of Copyright Misuse, Intellectual Property and Information Wealth (Ed. Peter Yu, Praeger, 2007) (with Daniel Moylan)

Peer-to-Peer Technology as Infrastructure: An Economic Argument For Retaining Sony’s Safe Harbor For Technologies Capable of Substantial Noninfringing Uses, 52 Journal of the Copyright Society 329 (2005) (peer reviewed)

Commissioned chapter, Commercializing University Research Systems in Economic Perspective: A View from the Demand Side, in University Entrepreneurship and Technology Transfer: Process, Design, and Intellectual Property, volume 16, Elsevier Science/JAI Press Series: Advances in the Study of Entrepreneurship, Innovation, and Economic Growth series (2005)

Chapter, A Comparative Analysis of Compliance Institutions in International Trade Law and International Environmental Law, in Handbook of International Trade: Economic and Legal Analysis of Laws and Institutions (Jim Hartigan ed., 2004)

Book Note, 11 Georgetown International Environmental Law Review 235 (1998) (reviewing Law and Economics of the Environment (Erling Eide & Roger van den Bergh eds., 1996))

Chapter, The role of universities in the generation of ESTs, in ATAS XII-The Role of Publicly Funded Research and Publicly Owned Technologies in the Transfer and Diffusion of Environmentally Sound Technologies 371 (United Nations 2000) (with Daehyun Kim and Kunsoo Kim), available at http://www.unctad.org/en/docs//psiteiipd9.en.pdf

Works-in-Progress

Where Micro meets Macro in Technology Space (with Christiaan Hogendorn, Wesleyan University, Economics)

Rethinking the Economics of Two-sided / Multi-sided Markets Through a Series of Sequentially More Complicated Yet More Realistic Models (with Christiaan Hogendorn, Wesleyan University, Economics)

Understanding Spillovers as Social Investments in the Capabilities of Others

The Rare Disease Clinical Research Network as a Nested Commons (with Katherine Strandburg, NYU)

Intergenerational Progress and a New IP Consequentialism (with Mark McKenna, Notre Dame)

The Shortcomings of Pursuing Optimality

A Reverse Turing Test and the Internet of Things

Contact Information

212.790.0859

Cardozo School of Law
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Room 1004
New York, NY 10003