About the Cyberlaw Clinic

Harvard Law School‘s Cyberlaw Clinic, based at Harvard’s Berkman Klein Center for Internet & Society, provides high-quality, pro-bono legal services to appropriate clients on issues relating to the Internet, technology, and intellectual property. Students enhance their preparation for high-tech practice and earn course credit by working on real-world litigation, client counseling, advocacy, and transactional / licensing projects and cases. The Clinic strives to help clients achieve success in their activities online, mindful of (and in response to) existing law. The Clinic also works with clients to shape the law’s development through policy and advocacy efforts. The Cyberlaw Clinic was the first of its kind, and it continues its tradition of innovation in its areas of practice. The Clinic works independently, with law students supervised by experienced and licensed attorneys.  In some cases, the Clinic collaborates with counsel throughout the country to take advantage of regional or substantive legal expertise.

From the Blog

Fair Use / Fair Dealing Week — Week of Feb 26, 2018!

The week of February 26th is fair use week / fair dealing week, which “celebrates the important doctrines of fair use in the United States and fair dealing in Canada and other jurisdictions.” The Harvard Library Office for Scholarly Communication is putting on fifth anniversary fair use week event — “Tried and True:  Fair Use Tales for the Telling” — at Harvard’s Radcliffe Institute for Advanced Studies.  Sign up at the website to hear perspectives from luminaries, including Kenneth Crews, David Hansen, and Rebekah Modrak, among many others. The Clinic’s Chris Bavitz joins Laura Quilter and Dan Booth that morning for a discussion entitled “Litigation and Fair Use, the Last 15 Years.”

Cyberlaw Clinic Year in Review: 2017

We in the Cyberlaw Clinic believe that the statute of limitations on year-in-review blog posts expires at the end of the first quarter of the following year. (If you require evidence for this claim, we’ll kindly point you to Orin Kerr’s “Theory of Law.”) With that in mind — as we dig into our newest batch of projects during the Harvard Law School spring term — it seems like a good time to look back and reflect on the past year.  It was — to say the least — an eventful one here in the Cyberlaw Clinic, for students and staff alike.


AERA v. Public Resource

AERA Amicus Cover PageAERA v. PUBLICRESOURCE.ORG, INC. | Civil Action No. 1:14-cv-00857-TSC | D.D.C. | February 11, 2016 | The  Cyberlaw Clinic filed an amicus brief (pdf) on behalf of a group of law scholars in the United States District Court for the District of Columbia in this case brought by several standards developing organizations (SDOs) against Public.Resource.org. The brief builds upon a similar brief filed by the Clinic and joined by amici in ASTM v. Public Resource, Case No. 1:13-cv-01215-EGS (D.D.C.), pending before the same court. As in the previous case, the plaintiffs in this case are organizations that develop standards (SDOs). They include American Educational Research Association, the American Psychological Association, Inc., and the National Council on Measurement in Education, Inc. Plaintiffs allege copyright and trademark infringement by defendant Public Resource, a non-profit organization dedicated to making government information accessible to the public, for publishing on its website privately developed standards that have been incorporated into federal law. This brief advances many of the same legal arguments made in the brief in the ASTM case with reference to model codes and applies those arguments to privately developed standards.