Rebecca L. Tushnet
Professor of Law
B.A., Harvard; J.D., Yale
Areas of Expertise:
Constitutional Law, Consumer Protection, Copyright, Intellectual Property, Trademark
Professor Tushnet has taught at Georgetown since 2004. Previously, she was on the faculty at New York University School of Law. She also has worked...
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Professor Tushnet has taught at Georgetown since 2004. Previously, she was on the faculty at New York University School of Law. She also has worked at Debevoise & Plimpton in Washington, D.C., where she
specialized in intellectual property. She clerked for Chief Judge Edward R. Becker of the Third Circuit Court of Appeals in Philadelphia and Associate Justice David H. Souter of the U.S. Supreme Court.
Professor Tushnet graduated from Harvard University in 1995 and from Yale Law School in 1998. At Yale, Professor Tushnet served as an articles editor for the Yale Law Journal and as an editor of the Yale Journal of Law and Feminism. During her law school summers, she worked for the Center for Reproductive Law & Policy and for Bredhoff & Kaiser.
Professor Tushnet's publications include "Worth a Thousand Words: The Images of Copyright Law" (Harvard L. Rev. 2011); "Gone in 60 Milliseconds: Trademark Law and Cognitive Science" (Texas L. Rev. 2008); and "Copy This Essay: How Fair Use Doctrine Harms Free Speech and How Copying
Serves It" (Yale L.J. 2004).Her work currently focuses on the relationship between the First Amendment and false advertising law.She is the head of the legal committee of the Organization for Transformative Works, a nonprofit dedicated to supporting and promoting fanworks. She is also an expert on the law of engagement rings.
Recent Scholarship
Forthcoming Works and Works in Progress
- Rebecca Tushnet & Eric Goldman, Advertising and Marketing Law: Cases and Materials (forthcoming).
- Rebecca Tushnet, Performance Anxiety: Copyright Embodied and Disembodied, J. Copyright Soc'y U.S.A. (forthcoming). [SSRN] [Gtown Law]
Contributions to Law Reviews and Other Scholarly Journals
- Rebecca Tushnet, Judges as Bad Reviewers: Fair Use and Epistemological Humility, 25 Law & Literature 20–32 (2013). [W] [SSRN] [Gtown Law]
- Rebecca Tushnet, The Eye Alone is the Judge: Images and Design Patents, 19 J. Intell. Prop. L. 409-426 (2012). [HEIN] [L] [W] [SSRN] [Gtown Law]
- Rebecca Tushnet, Worth a Thousand Words: The Images of Copyright, 125 Harv. L. Rev. 683-759 (2012). [HEIN] [L] [W] [SSRN] [Gtown Law] [WWW]
All Scholarship 2000 - Present
Forthcoming Works and Works in Progress
- Rebecca Tushnet & Eric Goldman, Advertising and Marketing Law: Cases and Materials (forthcoming).
- Rebecca Tushnet, Performance Anxiety: Copyright Embodied and Disembodied, J. Copyright Soc'y U.S.A. (forthcoming). [SSRN] [Gtown Law]
Contributions to Law Reviews and Other Scholarly Journals
- Rebecca Tushnet, Judges as Bad Reviewers: Fair Use and Epistemological Humility, 25 Law & Literature 20–32 (2013). [W] [SSRN] [Gtown Law]
- Rebecca Tushnet, The Eye Alone is the Judge: Images and Design Patents, 19 J. Intell. Prop. L. 409-426 (2012). [HEIN] [L] [W] [SSRN] [Gtown Law]
- Rebecca Tushnet, Worth a Thousand Words: The Images of Copyright, 125 Harv. L. Rev. 683-759 (2012). [HEIN] [L] [W] [SSRN] [Gtown Law] [WWW]
- Rebecca Tushnet, Looking at the Lanham Act: Images in Trademark and Advertising Law, 48 Hous. L. Rev. 861-917 (2011). [HEIN] [L] [W] [SSRN] [Gtown Law] [WWW]
- Rebecca Tushnet, Running the Gamut from A to B: Federal Trademark and False Advertising Law, 159 U. Pa. L. Rev. 1305-1384 (2011). [HEIN] [L] [W] [SSRN] [Gtown Law] [WWW]
- Rebecca Tushnet, Scary Monsters: Hybrids, Mashups, and Other Illegitimate Children, 86 Notre Dame L. Rev. 2133-2156 (2011). [HEIN] [L] [W] [SSRN] [Gtown Law]
- Rebecca Tushnet, Towards Symmetry in the Law of Branding, 21 Fordham Intell. Prop. Media & Ent. L.J. 971-982 (2011). [HEIN] [L] [W] [SSRN] [Gtown Law] [WWW]
- Rebecca Tushnet, Attention Must Be Paid: Commercial Speech, User-Generated Ads, and the Challenge of Regulation, 58 Buff. L. Rev. 721-793 (2010). [HEIN] [L] [W] [SSRN] [Gtown Law] [WWW]
- Rebecca Tushnet, Hybrid Vigor: Mashups, Cyborgs, and Other Necessary Monsters, 6 I/S: J. L. & Pol'y for Info. Soc'y 1-12 (2010). [L] [W] [SSRN] [Gtown Law]
- Rebecca Tushnet, I Put You There: User-Generated Content and Anticircumvention, 12 Vand. J. Ent. & Tech. L. 889-945 (2010). [L] [W] [SSRN] [Gtown Law] [WWW]
- Rebecca Tushnet, Unfair Competition and Uncommon Sense, 95 Iowa L. Rev. (Bull.) 17-23 (2010). [W] [WWW]
- Rebecca Tushnet, Economies of Desire: Fair Use and Marketplace Assumptions, 51 Wm. & Mary L. Rev. 513-546 (2009). [HEIN] [L] [W] [Gtown Law]
- Rebecca Tushnet, Fighting Freestyle: The First Amendment, Fairness, and Corporate Reputation, 50 B.C. L. Rev. 1457-1479 (2009). [HEIN] [L] [W] [Gtown Law] [WWW]
- Rebecca Tushnet, Gone in Sixty Milliseconds: Trademark Law and Cognitive Science, 86 Tex. L. Rev. 507-568 (2008). [HEIN] [L] [W]
- Rebecca Tushnet, Power Without Responsibility: Intermediaries and the First Amendment, 76 Geo. Wash. L. Rev. 986-1016 (2008). [HEIN] [L] [W] [SSRN] [Gtown Law]
- Rebecca Tushnet, Sight, Sound, and Meaning: Teaching Intellectual Property with Audiovisual Materials, 52 St. Louis U. L.J. 891-904 (2008). [HEIN] [L] [W] [SSRN]
- Rebecca Tushnet, User-Generated Discontent: Transformation in Practice, 31 Colum. J.L. & Arts 497-516 (2008). [HEIN] [L] [W] [SSRN] [Gtown Law]
- Rebecca Tushnet, My Fair Ladies: Sex, Gender, and Fair Use in Copyright, 15 AM. U. J. Gender, Soc. Pol'y & L. 273-304 (2007). [HEIN] [L] [W] [SSRN] [Gtown Law]
- Rebecca Tushnet, Naming Rights: Attribution and Law, 2007 Utah L. Rev. 789-822. [HEIN] [L] [W] [SSRN] [Gtown Law]
- Rebecca Tushnet, Domain and Forum: Public Space, Public Freedom, 30 Colum. J.L. & Arts 597-609 (2007). [HEIN] [L] [W] [SSRN] [Gtown Law]
- Rebecca Tushnet, It Depends on What the Meaning of "False" is: Falsity and Misleadingness in Commercial Speech Doctrine, 41 Loy. L.A. L. Rev. 227-257 (2007). [HEIN] [L] [W] [SSRN]
- Rebecca Tushnet, Payment in Credit: Copyright Law and Subcultural Creativity, 70 Law & Contemp. Probs. 135-174 (2007). [HEIN] [L] [W] [SSRN]
- Rebecca Tushnet, Trademark Law as Commercial Speech Regulations, 58 S.C. L. Rev. 737-756 (2007). [HEIN] [L] [W] [SSRN] [Gtown Law] [WWW]
- Rebecca Tushnet, Why the Customer Isn't Always Right: Producer-Based Limits on Rights Accretion in Trademark, 116 Yale L.J. (The Pocket Part) 352-357 (2007). [L] [W]
- Rebecca Tushnet, My Library: Copyright and the Role of Institutions in a Peer-to-Peer World, 53 UCLA L. Rev. 977-1029 (2006). [HEIN] [L] [W] [SSRN] [Gtown Law]
- Rebecca Tushnet, Jonathan Band, Eugene Mopsik & Robert Clarida, Artists Don't Get No Respect: Panel on Attribution and Integrity, 28 Colum. J.L. & Arts 435-449 (2005). [HEIN] [L] [W] [Gtown Law]
- Rebecca Tushnet, Copy This Essay: How Fair Use Doctrine Harms Free Speech and How Copying Serves It, 114 Yale L.J. 535-590 (2004). [HEIN] [L] [W] [SSRN]
- Rebecca Tushnet & Bruce Keller, Even More Parodic than the Real Thing: Parody Lawsuits Revisited, 94 Trademark Rep. 979-1016 (2004). [HEIN] [L] [W]
- Rebecca Tushnet, Michael Carlinsky, Justin Hughes & Sonia Katyal, Panel II: Public Appropriation of Private Rights: Pursuing Internet Copyright Violators, 14 Fordham Intell. Prop. Media & Ent. L.J. 893-953 (2004). [HEIN] [L] [W] [Gtown Law]
- Rebecca Tushnet, Copyright as a Model for Free Speech Law: What Copyright Has in Common with Anti-Pornography Laws, Campaign Finance Reform, and Telecommunications Regulation, 42 B.C. L. Rev. 1-79 (2000). [HEIN] [L] [W] [Gtown Law]
Book Chapters and Collected Works
- Rebecca Tushnet, Truth and Advertising: The Lanham Act and Commercial Speech Doctrine, in Trademark Law and Theory: A Handbook of Contemporary Research (Graeme B. Dinwoodie & Mark D. Janis eds., Northampton, Mass.: Edward Elgar 2008).
- Rebecca Tushnet, Copyright Law, Fan Practices, and the Rights of the Author, in Fandom: Identities and Communities in a Mediated World 60-71 (Jonathan Gray, Cornel Sandvoss & C. Lee Harrington eds., New York: New York University Press 2007).
- Rebecca Tushnet, Creating in the Shadow of the Law: Media Fans and Intellectual Property, in 1 Intellectual Property and Information Wealth: Issues and Practices in the Digital Age 251-268 (Peter K. Yu ed., Portsmouth, N.H.: Greenwood Publishing 2007).
Selected Contributions to Other Publications
- Rebecca Tushnet, 2 IP L. Book Rev. 1-10 (2011) (reviewing Making and Unmaking Intellectual Property: Creative Production in Legal and Cultural Perspective (Mario Biagioli, Peter Jaszi, & Martha Woodmansee eds., 2011)). [WWW]
- Rebecca Tushnet & Francesca Coppa, How to Suppress Women's Remix, Camera Obscura, May 2011, at 131-138.
- Rebecca Tushnet, Remix Nation, Comm. ACM, Sept. 2011, at 22-24. [WWW]
View all scholarship
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Email:
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Address:
600 New Jersey Avenue N.W.
Washington, DC 20001 -
Office Location:
McDonough 570
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Assistant:
Tyrone Manzy
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Phone:
202-662-9403
