David Nimmer
Encyclopedia
David Nimmer is an American
lawyer
, law professor, renowned as an expert in United States copyright law
. He received an A.B. with distinction and honors in 1977 from Stanford University and his J.D. in 1980 from Yale Law School, where he served as editor of the Yale Law Journal. David Nimmer is of counsel to Irell & Manella LLP in Los Angeles, California. He also serves as a Professor from Practice at University of California, Los Angeles Law School and Distinguished Scholar at the Berkeley Center for Law and Technology. In 2000, he was elected to the American Law Institute
. He has served as a guest professor at the University of Haifa
, Yeshiva University (Cardozo Law School), and the University of Miami
.
Nimmer was named the 2010 "Intellectual Property Lawyer of the Year" by the Century City Bar Association. He was selected a Southern California "Super Lawyer" by Los Angeles Magazine in 2006-2010 and has been named in The Best Lawyers in America for over 10 years. The Los Angeles and San Francisco Daily Journals named him one of California's "Top 10 Copyright Lawyers" in 2008. In September 2010, he was named one of "The 25 Most Influential People in IP" in The American Lawyer's Fall 2010 Intellectual Property supplement (in the good company of such fellow honorees as Supreme Court justice Anthony Kennedy
, PTO Director David Kappos
, and Sen. Patrick Leahy
.)
Nimmer also served as the Chairman on the Committee on Intellectual Properties Litigation for the American Bar Association
from 1989-1992.
Since 1985, Nimmer has updated and revised Nimmer on Copyright, the standard reference treatise in the field, first published in 1963 by his late father, Professor Melville B. Nimmer
. Routinely cited by domestic and foreign courts at all levels in copyright litigation, cases within the United States have relied on Nimmer on Copyright as persuasive authority in over 2500 judicial opinions.
He has also contributed to numerous other books, including Le lisibile et l’illsibe (2003), Cases and Materials on Copyright and Other Aspects of Entertainment Litigation (2002), Artefacts and Intellectual Property (2001), Copinger and Skone James on Copyright (1991), OnMultimedia: Technologies for the 21st Century (1990), Droit des affaires (1989), and International Copyright Law and Practice (1989–1998).
He has also composed a series of influential articles. Kluwer Law International collected several dozen into two published anthologies. One is entitled Copyright Illuminated (2008) and the other is Sacred Text, Technology, and the DMCA (2003). At present, along with UCLA colleage Prof. Neil Netanel, he is co-authoring a book for Oxford University Press regarding five centuries of rabbinic copyright responsa, entitled From Maimonides to Microsoft.
He has taught copyright at UCLA Law School for many years, as well as representing clients in the entertainment, publishing, and high-technology fields. He has twice gone to Washington D.C. on behalf of clients whose copyright matters were before the Supreme Court
. The first occasion resulted in a unanimous decision in favor of his client, which simultaneously drew the boundaries between copyright and trademark protection. The second matter did likewise, in a decision issued in March 2010 that vitally affects all freelance writers in the country and the databases that present their historical works.
Other litigation highlights include successfully representing Matthew Bender & Co. before the Second Circuit Court of Appeals in its quest to unlock West's effective monopoly on presenting judicial opinions; convincing the Federal Circuit Court of Appeals to rebuff an opponent's attempt to have copyright law control manufacture of a universal garage door opener; and winning a case in the Tenth Circuit Court of Appeals
that allowed his client unfettered rights to publish Jesus: A New Revelation. Along the way, other litigated cases have ranged from the status of Winnie-the-Pooh
to the collected choreography of Martha Graham
to the Google
Books settlement in New York City (still pending, for which he represents the interests of Amazon.com
).
Nimmer has given congressional testimony on behalf of the United States Telephone Association and the National Association of Broadcasters
. In addition, he gave parliamentary testimony in Sydney on behalf of the Combined Newspaper and Magazine Copyright Committee of Australia. He once offered an amicus brief to the Supreme Court of Israel
—which took six years to decide the case, in the process declining his offer. He responded by publishing a 223-page article in the Houston Law Review, Copyright in the Dead Sea Scrolls.
He lives in Los Angeles with his wife, Marcia. They have five children.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
, law professor, renowned as an expert in United States copyright law
United States copyright law
The copyright law of the United States governs the legally enforceable rights of creative and artistic works under the laws of the United States.Copyright law in the United States is part of federal law, and is authorized by the U.S. Constitution...
. He received an A.B. with distinction and honors in 1977 from Stanford University and his J.D. in 1980 from Yale Law School, where he served as editor of the Yale Law Journal. David Nimmer is of counsel to Irell & Manella LLP in Los Angeles, California. He also serves as a Professor from Practice at University of California, Los Angeles Law School and Distinguished Scholar at the Berkeley Center for Law and Technology. In 2000, he was elected to the American Law Institute
American Law Institute
The American Law Institute was established in 1923 to promote the clarification and simplification of American common law and its adaptation to changing social needs. The ALI drafts, approves, and publishes Restatements of the Law, Principles of the Law, model codes, and other proposals for law...
. He has served as a guest professor at the University of Haifa
University of Haifa
The University of Haifa is a university in Haifa, Israel.The University of Haifa was founded in 1963 by Haifa mayor Abba Hushi, to operate under the academic auspices of the Hebrew University of Jerusalem....
, Yeshiva University (Cardozo Law School), and the University of Miami
University of Miami
The University of Miami is a private, non-sectarian university founded in 1925 with its main campus in Coral Gables, Florida, a medical campus in Miami city proper at Civic Center, and an oceanographic research facility on Virginia Key., the university currently enrolls 15,629 students in 12...
.
Nimmer was named the 2010 "Intellectual Property Lawyer of the Year" by the Century City Bar Association. He was selected a Southern California "Super Lawyer" by Los Angeles Magazine in 2006-2010 and has been named in The Best Lawyers in America for over 10 years. The Los Angeles and San Francisco Daily Journals named him one of California's "Top 10 Copyright Lawyers" in 2008. In September 2010, he was named one of "The 25 Most Influential People in IP" in The American Lawyer's Fall 2010 Intellectual Property supplement (in the good company of such fellow honorees as Supreme Court justice Anthony Kennedy
Anthony Kennedy
Anthony McLeod Kennedy is an Associate Justice of the United States Supreme Court, having been appointed by President Ronald Reagan in 1988. Since the retirement of Sandra Day O'Connor, Kennedy has often been the swing vote on many of the Court's politically charged 5–4 decisions...
, PTO Director David Kappos
David Kappos
David "Dave" J. Kappos is the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office . Prior to being confirmed to this post by the U.S. Senate on August 7, 2009, Kappos was the vice president and assistant general counsel, intellectual...
, and Sen. Patrick Leahy
Patrick Leahy
Patrick Joseph Leahy is the senior United States Senator from Vermont and member of the Democratic Party. He is the first and only elected Democratic United States Senator in Vermont's history. He is the chairman of the Senate Judiciary Committee. Leahy is the second most senior U.S. Senator,...
.)
Nimmer also served as the Chairman on the Committee on Intellectual Properties Litigation for the American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
from 1989-1992.
Since 1985, Nimmer has updated and revised Nimmer on Copyright, the standard reference treatise in the field, first published in 1963 by his late father, Professor Melville B. Nimmer
Melville Nimmer
Melville Bernard Nimmer was an American lawyer and law professor, renowned as an expert in freedom of speech and United States copyright law....
. Routinely cited by domestic and foreign courts at all levels in copyright litigation, cases within the United States have relied on Nimmer on Copyright as persuasive authority in over 2500 judicial opinions.
He has also contributed to numerous other books, including Le lisibile et l’illsibe (2003), Cases and Materials on Copyright and Other Aspects of Entertainment Litigation (2002), Artefacts and Intellectual Property (2001), Copinger and Skone James on Copyright (1991), OnMultimedia: Technologies for the 21st Century (1990), Droit des affaires (1989), and International Copyright Law and Practice (1989–1998).
He has also composed a series of influential articles. Kluwer Law International collected several dozen into two published anthologies. One is entitled Copyright Illuminated (2008) and the other is Sacred Text, Technology, and the DMCA (2003). At present, along with UCLA colleage Prof. Neil Netanel, he is co-authoring a book for Oxford University Press regarding five centuries of rabbinic copyright responsa, entitled From Maimonides to Microsoft.
He has taught copyright at UCLA Law School for many years, as well as representing clients in the entertainment, publishing, and high-technology fields. He has twice gone to Washington D.C. on behalf of clients whose copyright matters were before the Supreme Court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
. The first occasion resulted in a unanimous decision in favor of his client, which simultaneously drew the boundaries between copyright and trademark protection. The second matter did likewise, in a decision issued in March 2010 that vitally affects all freelance writers in the country and the databases that present their historical works.
Other litigation highlights include successfully representing Matthew Bender & Co. before the Second Circuit Court of Appeals in its quest to unlock West's effective monopoly on presenting judicial opinions; convincing the Federal Circuit Court of Appeals to rebuff an opponent's attempt to have copyright law control manufacture of a universal garage door opener; and winning a case in the Tenth Circuit Court of Appeals
that allowed his client unfettered rights to publish Jesus: A New Revelation. Along the way, other litigated cases have ranged from the status of Winnie-the-Pooh
Winnie-the-Pooh
Winnie-the-Pooh, also called Pooh Bear, is a fictional anthropomorphic bear created by A. A. Milne. The first collection of stories about the character was the book Winnie-the-Pooh , and this was followed by The House at Pooh Corner...
to the collected choreography of Martha Graham
Martha Graham
Martha Graham was an American modern dancer and choreographer whose influence on dance has been compared with the influence Picasso had on modern visual arts, Stravinsky had on music, or Frank Lloyd Wright had on architecture.She danced and choreographed for over seventy years...
to the Google
Google
Google Inc. is an American multinational public corporation invested in Internet search, cloud computing, and advertising technologies. Google hosts and develops a number of Internet-based services and products, and generates profit primarily from advertising through its AdWords program...
Books settlement in New York City (still pending, for which he represents the interests of Amazon.com
Amazon.com
Amazon.com, Inc. is a multinational electronic commerce company headquartered in Seattle, Washington, United States. It is the world's largest online retailer. Amazon has separate websites for the following countries: United States, Canada, United Kingdom, Germany, France, Italy, Spain, Japan, and...
).
Nimmer has given congressional testimony on behalf of the United States Telephone Association and the National Association of Broadcasters
National Association of Broadcasters
The National Association of Broadcasters is a trade association, workers union, and lobby group representing the interests of for-profit, over-the-air radio and television broadcasters in the United States...
. In addition, he gave parliamentary testimony in Sydney on behalf of the Combined Newspaper and Magazine Copyright Committee of Australia. He once offered an amicus brief to the Supreme Court of Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
—which took six years to decide the case, in the process declining his offer. He responded by publishing a 223-page article in the Houston Law Review, Copyright in the Dead Sea Scrolls.
He lives in Los Angeles with his wife, Marcia. They have five children.