- Of Counsel
Professor Betsy Rosenblatt is Of Counsel to Kesselman Brantly Stockinger LLP. She is a Professor of Law at Case Western Reserve University Law School, where she also holds the positions of Oliver C. Schroeder Jr. Distinguished Research Scholar and Associate Director of the Spangenberg Center for Law, Technology & the Arts. Her areas of teaching expertise include intellectual property law, trademark law, copyright law, video game law, and civil procedure. Prior to Case Western Reserve, Prof. Rosenblatt’s academic career included positions at University of Tulsa College of Law, U.C. Davis School of Law, and Whittier Law School. Her teaching experience also includes courses at UCLA Law School, USC Law School, Loyola Law School (Los Angeles), and University of Maastricht (Netherlands). In addition to teaching and publishing scholarly work in intellectual property, Professor Rosenblatt is an accomplished practitioner. Her career in private practice includes nearly nine years litigating intellectual property issues, including patent, copyright and trademark at Irell & Manella LLP. She is an honors graduate of Williams College and Harvard Law School, and a frequent speaker at CLE events and popular venues such as San Diego Comic Con.
Areas Of Practice
- Intellectual Property
- Harvard Law School, Cambridge, Massachusetts, 1999
- Honors: Honors Graduate
- Williams College
- Honors: Honors and High Honors
Selected Published Works
- Copyright’s One-Way Racial Appropriation Ratchet, 53 U.C. Davis L. Rev. 591 (2019)
- Fair Use as Resistance, 9 U.C. Irvine L. Rev. 377 (2019)
- Who Will Speak for The Slender Man?: Dialogism and Dilemmas in Character Copyright, 70 Fla. L. Rev. Forum 69 (2019)
- Belonging as Intellectual Creation, 82 Missouri L. Rev. 91 (2017)
- Betsy Rosenblatt and Rebecca Tushnet, Transformative Works: Young Women's Voices on Fandom and Fair Use, in EGIRLS, ECITIZENS, 385 (Jane Bailey & Valerie Steeves, eds., 2015)
- The Adventure of the Shrinking Public Domain, 86 Colo. L. Rev. 561 (2015).
- A "Pretty Little Intellectual [Property] Problem:" Understanding the "Free Sherlock" Ruling, 64:1 The Baker Street Journal 28 (Spring 2014).
- Fear and Loathing: Shame, Shaming and Intellectual Property, 63 DePaul L. R. 1 (2014).
- Intellectual Property's Negative Space: Beyond the Utilitarian, 40 Florida State Law Rev. 441 (Spring 2013)
- A Theory of IP's Negative Space, Columbia Journal of Law & The Arts, Vol. 34, No. 3, 2011.
- Rethinking the Parameters of Trademark Use in Entertainment, 61 FLORIDA L.R. 1011 (Dec. 2009).
- IP Law in the Shadow of Norms, 40 Cardozo Arts Ent. L. J. 657 (2023).
- Social Justice and Copyright’s Excess, 6 TEX. A&M J. PROP. L. 5 (2020).
Selected Classes/ Seminars/ Presentations
- At U.C. Davis School of Law: Intellectual Property Law; Trademark Law; Copyright Law; Video Game Law; Civil Procedure.
- At University of Maastricht: U.S. Copyright Law
- At Whittier Law School: Patent Law; Copyright Law; Trademark Law; Video Game Law; Recent Issues in Intellectual Property Law; Advanced Patent Law; The Legal Mind; Civil Procedure I & II.
- At USC Law School: Trademark Law.
- At UCLA Law School: Advanced Copyright Law; Advanced Patent Law.
- “Copyright Law Year in Review 2019: What’s New, What’s Happening, What’s On The Way,” Los Angeles Copyright Society, Jan. 13, 2020.
- “Trademarks and Expressive Works” (panel), BYU Copyright & Trademark Symposium, Oct. 11, 2019.
- “IP and the Question of Who Creates,” Intellectual Property Scholars’ Conference (plenary speaker), DePaul University Law School, August 9, 2019.
- “Comic Book Law School 303: Super Lawyers Unite!” (panel), San Diego Comic Con, July 20, 2019.
- “Professor vs. Practitioner Debate: ‘Fan or Felon’ or, More Accurately, ‘Fan or Infringer?’” International Trademark Association Annual Meeting, Boston, May 19, 2019.
- “2018 Copyright Year in Review: New Cases and Future Predictions in an Ever-Changing Legal Landscape,” Beverly Hills Bar Association, February 21, 2019.
- “Copyright’s One-Way Appropriation Ratchet,” U.C. Davis School of Law, February 20, 2019.
- “Copyright’s Excess—Intersections With Social Justice,” Symposium on Copyright’s Excess: Money and Music in the U.S. Recording Industry, Texas A&M University School of Law, February 15, 2019.
- “(Re)Verbing Intellectual Property Law,” Intellectual Property Scholars’ Conference, University of California, Berkeley Law School, August 9-11, 2018.
- “Westworld: Further Beyond Frontier Law” (panel), San Diego Comic Con, July 19, 2018.
- “Fair Use: Comparing the Approach under Trademark and Copyright Law” (panel), International Trademark Association Annual Meeting, Seattle, May 19, 2018.
- “User-Generated Disrupters and Transformative Uses” (panel), Geaux Create: Disruption, Continuity, and the Role of Law in Creativity, Tulane Law School, April 6, 2018.
- “Protecting a Brand” (panel), Pepperdine Law School Journal of Business, Entrepreneurship & The Law Startups & The Law Symposium, March 28, 2018.
- “DMCA Section 1201 Rulemakings: Thoughts Provoked, Lessons Learned,” DMCA at 20 Symposium, Texas A&M Law School, March 23, 2018.
- “Exploring the Role of Fair Use in Fan Culture” (panel), University of Michigan Law School, March 16, 2018.
- “2017 Copyright Year in Review: New Cases and Future Predictions in an Ever-Changing Legal Landscape,” Beverly Hills Bar Association, Feb. 22, 2018.
- “Can Copyright Ever Live Forever?” State Bar of California 42nd IP Institute, November 2, 2017.
- “Fair Use as Resistance,” Symposium, The Discursive Turn in Copyright, U.C. Irvine, Oct. 27, 2017.
- “Copyright Law Update,” HIPLA/University of Houston Law Center 33rd Annual Institute on Intellectual Property Law, October 7, 2017.
- “Westworld: Beyond Frontier Law,” (Panel) San Diego Comic Con, July 22, 2017.
- “Comic Book Law School 303: ‘A Helping Hand’,” (Panel) San Diego Comic Con, July 22, 2017.
- “Copyrighting Fashion After Varsity Brands,” (Panel) NYU Annual Survey of American Law Symposium, NYU Law School, Feb. 24, 2017.
- “2016 Copyright Year in Review: New Cases and Future Predictions in an Ever-Changing Legal Landscape,” Beverly Hills Bar Association, Feb. 23, 2017.
- “Uncertainty Aversion and Intellectual Property,” WIPIP (Works in Progress in Intellectual Property) Conference, Boston University Law School, Feb. 10, 2017.
- “Comic Book Law School 303: New Revelations,” (Panel) San Diego Comic Con, July 23, 2016.
- “How It Works: Understanding Copyright Law in the New Creative Economy” (Panel) [Panel and travel supported by Re:Create Coalition], Capitol Hill, Washington, D.C., June 20, 2016.
- "Progressive Teaching: Infusing Difficult Conversations in Intellectual Property Classes," MOSAIC IP Conference, Marquette Law School, March 19, 2016.
- "Copyright and Creators: 2026" (On the Future of Copyright Law), South by Southwest Interactive Festival, Austin, TX, March 11, 2016.
- "2015 Copyright Year in Review: New Cases and Future Predictions in an Ever-Changing Legal Landscape," Beverly Hills Bar Association, February 26, 2016.
- "Legal Uncertainty and Eternal Life," How Long?: Copyright Duration in the 21st Century, University of Tulsa Law School, Oct. 30, 2015.
- "Fandom is My Fandom: or, We All Live in a Coffee Shop AU," San Diego Comic Con, July 9, 2015.
- "2014 Copyright Law Year in Review: New Trends and Predictions for the Future," Beverly Hills Bar Association, February 19, 2015.
- "Creativity Without Law: Parallels and Future Research," Creativity Without Law, Case Western Reserve Law School, November 7, 2014.
- "Fans, Love, and the Law," San Diego Comic Con, July 26, 2014.
- "2013 Copyright Law Year in Review: New Trends and Predictions for the Future," Beverly Hills Bar Association, March 28, 2014.
- "Digital Media in the Age of the Cloud," UCLA Luskin Center for Innovation, December 3, 2013.
- "Gamer or Game Developer? The Law of Video Game Transformation," California State Bar 2013 IP in Entertainment & Media Conference, June 27, 2013.
- "Complex Litigation Involving Multiple Parties," moderator, 2013 Federal Circuit Bar Association/Federal Bar Association Advanced Complex Litigation Series, Whittier Law School, April 30, 2013.
- "2012 Copyright Year in Review: New Trends and Predictions for the Future," Beverly Hills Bar Association, February 26, 2013.
- "Trademark Trial and Appeal Board Year in Review," Los Angeles Intellectual Property Law Association's Washington in the West 2013, January 29, 2013.
- Response to "Confusion Isn't Everything: Limiting Doctrines in Trademark Law" by Mark McKenna and Bill McGeveran, Southern California IP Professors' and UCLA Entertainment, Media, and Intellectual Property Colloquium Workshop, November 4, 2012.
- "Sherlock Holmes Adaptation and Intellectual Property Law," Sherlock Holmes: Behind the Canonical Screen, UCLA School of Film and Television, September 1, 2012.
- "Copyright Law Year in Review," Los Angeles Intellectual Property Law Association Spring Seminar, June 12, 2012.
- "Patent Ethics: A Retrospective of Recent Patent Cases," Patent Litigation Briefing, Jeffer, Mangels, Butler & Mitchell, Irvine, CA, January 25, 2012.
- "Past is Prologue: How Copyright Developments in 2011 Will Shape the Issues We Face in 2012," March 26, 2012.
- "Copyright and Media Law Year in Review," Los Angeles Copyright Society, December 14, 2011.
- "IP's Negative Space: Beyond the Utilitarian," Southern California Junior Law Faculty Workshop, October 22, 2011; Intellectual Property Scholars Conference, DePaul University Law School, August 11, 2011.
- "A Theory of IP's Negative Space," Whittier Law School Intellectual Property Colloquium, November 4, 2011.
- "Toward a Unified Theory of IP's Negative Space", Southern California Junior Law Faculty Workshop, October 16, 2010.
- "Trademark Law for Engineers: The Two-Hour Crash Course", University of Southern California, April 29, 2010.
- Response to "Intellectual Property as a Law of Organization" by Jonathan Barnett, Southern California IP Professors' and UCLA Entertainment, Media, and Intellectual Property Colloquium Workshop, November 8, 2009.
- "Intersections between science and law regarding ethical standards of behavior," Nicholas School of the Environment and Earth Sciences, Duke University Seminar guest lecturer, December 4, 2007.
Professional Associations And Memberships
- Organization for Transformative Works Legal Committee (Member, 2010-present; Legal Chair, 2012-present)
- Comic Book Legal Defense Fund, Advisory Chair for Outreach and Education (2010-present)
- Los Angeles Copyright Society (Member, 2004-present; Member, Board of Trustees, 2006-2008)
- Lambda Legal Los Angeles Leadership Committee (Member, 2005-2014)
- Admitted to practice in California State Courts, U.S. District Court for the Central District of California, U.S. District Court for the Northern District of California; and U.S. Court of Appeals for the Federal Circuit
Past Employment Positions
- Irell & Manella LLP
- Whittier Law School
- UCLA Law School