Tyler T. Ochoa

Professor of Law

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Professor Ochoa is a recognized expert in copyright law and rights of publicity. He joined the Santa Clara University School of Law faculty in 2003, and he served as Academic Director of the High Technology Law Institute for the 2005-2006 academic year. Prior to joining Santa Clara Law, Professor Ochoa served as a professor and co-director of the Center for Intellectual Property Law at Whittier Law School. He has also served as a clerk for the Honorable Cecil F. Poole of the U.S. Court of Appeals for the Ninth Circuit and as an associate with the law firm of Brown & Bain in Palo Alto, California, where he specialized in copyright and trade secret litigation involving computer software. He is also a two-time “Jeopardy!” champion and a champion on “Win Ben Stein’s Money”.

Education

J.D., with distinction, Order of the Coif, Stanford University, 1987

A.B., with distinction, Phi Beta Kappa, Stanford University, 1983

Areas of Specialization

Intellectual Property Law, Copyright Law, Rights of Publicity, Statutes of Limitation

Bibliography

Books

Copyright Law with Joyce, Leaffer, Jaszi, and Carroll. 9th edition. LexisNexis (2013) (with annual supplements) | Link to Library Catalog

Understanding Intellectual Property with Chisum, Ghosh, and LaFrance. 2nd edition. LexisNexis (2011) | Link to Library Catalog

Copyright Law with Joyce, Leaffer, and Jazsi. 8th edition. LexisNexis (2010) (with annual supplements) | Link to Library Catalog

Celebrity Rights: Rights of Publicity and Related Rights in the United States and Abroad with Welkowitz. Carolina Academic Press (2010) | Link to Library Catalog

Copyright Law: Selected Readings of Common Law Cases with Huiping, Yuanzhi, Hui, and Huaiying. China Democracy & Law Press (2007) (in Mandarin and English)

Copyright Law with Joyce, Leaffer, and Jaszi. 7th edition. LexisNexis (2006) (with annual supplements) | Link to Library Catalog

Copyright Law with Joyce, Leaffer, and Jaszi. 6th edition. LexisNexis (2003) (with annual supplements) | Link to Library Catalog

Chapters

Limits on the Duration of Copyright in Time: Limits and Constraints. Parker, Harris, and Steineck, editors. Brill (2010) (The Study of Time, v.13) (Proceedings of the 13th Conference of the International Society for the Study of Time held at the Asilomar Conference Center, Pacific Grove, California, July 28-August 3, 2007) | Link to Digital Commons | Link to Library Catalog

Copyright Protection for Works of Foreign Origin in The Internationalization of Law and Legal Education. Klabbers and Sellers, editors. Springer (2008) (Ius Gentium: Comparative Perspectives on Law and Justice; 2) | Link to Library Catalog

Copyright Duration: Theories and Practice in Intellectual Property and Information Wealth: Issues and Practices in the Digital Age. Yu, editor. Praeger (2007) | Link to Library Catalog

Copyright: The Litigation Year in Review in The Copyright Office Comes to California. State Bar of California (2002-2010) (Program materials for the State Bar of California annual program) ( Beginning 2009 only available on CD-Rom) | Link to Library Catalog

Articles

Who Owns an Avatar? Copyright, Creativity, and Virtual Worlds, 14 Vanderbilt Journal of Entertainment and Technology Law 959-991 (2012) | Link to Full Text

Is the Public Domain Irrevocable? An Introduction to Golan v. Holder, 64 Vanderbilt Law Review En Banc 123-146 (2011) | Link to Digital Commons | Link to Full Text

Protection for Works of Foreign Origin Under the 1909 Copyright Act, 26 Santa Clara Computer and High Technology Law Journal 285-312 (2010) | Link to Digital Commons

Teaching Rights of Publicity: Blending Copyright and Trademark, Common Law and Statutes, and Domestic and Foreign Law, with Welkowitz, 52 St. Louis University Law Journal 905-921 (2008) | Link to Digital Commons

Copyright Law: The Last Five Years of Journal Coverage, 25 Santa Clara Computer and High Technology Law Journal 3-5 (2008) | Link to Digital Commons

Recent Developments in Copyright Law: Selected U.S. Supreme Court, Court of Appeals, and District Court Opinions Between February 1, 2005 and May 1, 2006, 6 John Marshall Law School Review of Intellectual Property Law 40-58 (2006) | Link to Digital Commons

The Schwarzenegger Bobblehead Case: Introduction and Statement of Facts, 45 Santa Clara Law Review 547-556 (2005) | Link to Digital Commons

The Terminator as Eraser: How Arnold Schwarzenegger Used the Right of Publicity to Terminate Non-Defamatory Political Speech, with Welkowitz, 45 Santa Clara Law Review 651-673 (2005) | Link to Digital Commons

Copyright, Derivative Works and Fixation: Is Galoob a Mirage, or does the Form(gen) of the Alleged Derivative Work Matter?, 20 Santa Clara Computer and High-Technology Law Journal 991-1044 (2004) | Link to Digital Commons

1984 and Beyond: 20 Years of Copyright Law, 20 Santa Clara Computer and High-Technology Law Journal 167-184 (2003) | Link to Digital Commons

Origins and Meanings of the Public Domain, (Symposium on the Constitutionality of Protecting Factual Compilations), 28 University of Dayton Law Review 215-267 (2003) | Link to Digital Commons

Introduction: Rights of Attribution, Section 43(a) of the Lanham Act, and the Copyright Public Domain, 24 Whittier Law Review 911-929 (2003) (Includes amicus brief of intellectual property law professors in support of Dastar Corporation) | Link to Digital Commons

The Anti-Monopoly Origins of the Patent and Copyright Clause, with Rose, 49 Journal of the Copyright Society of the U.S.A. 675-706 (2002) (Reprinted in 84 Journal of the Patent and Trademark Office Society 909-940 (2002)) | Link to Digital Commons

Patent and Copyright Term Extension and the Constitution: A Historical Perspective, 49 Journal of the Copyright Society of the U.S.A. 19-125 (2001) | Link to Digital Commons

Introduction: Tiger Woods and the First Amendment, 22 Whittier Law Review 381-389 (2000) | Link to Digital Commons

Dr. Seuss, The Juice and Fair Use: How the Grinch Silenced a Parody, 45 Journal of the Copyright Society of the U.S.A. 546-633 (1998) | Link to Digital Commons

The Puzzling Purposes of Statutes of Limitation, with Wistrich, 28 Pacific Law Journal 453-514 (1997) | Link to Digital Commons

Defiling the Dead: Necrophilia and the Law, with Jones, 18 Whittier Law Review 539-578 (1997) | Link to Digital Commons

Unraveling the Tangled Web: Choosing the Proper Statute of Limitation for Breach of the Implied Covenant of Good Faith and Fair Dealing, with Wistrich, 26 Southwestern University Law Review 1-56 (1996) | Link to Digital Commons

Limitation of Legal Malpractice Actions: Defining Actual Injury and the Problem of Simultaneous Litigation, with Wistrich, 24 Southwestern University Law Review 1-79 (1994) | Link to Digital Commons

Other Articles

When Does Freedom of Speech Trump Celebrity Publicity Rights?, 14 Internet Law and Business 329-334 (2013) | Link to Digital Commons

Currently Teaching:

Fall 2014
Fall 2014
Spring 2015
Spring 2015