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Peter J. Karol
Contact Information

pkarol@nesl.edu
617-422-7327

Areas of Expertise
  • Real Property Law
  • Intellectual Property Law
  • Copyright Law
  • Trademark Law
  • Museum Law
  • Art Law

Peter J. Karol

Associate Dean, Professor of Law, and Director of Intellectual Property Certificate Program

Education

JD, Harvard Law School
BA, Amherst College

Professional Background

Prior to joining New England Law, Associate Dean Karol was a partner at a prominent intellectual property law firm in Boston, MA. In addition to teaching, Dean Karol also directs the school’s Intellectual Property certificate program. He focuses his scholarship on intellectual property matters generally, and art, museum, copyright, and trademark law in particular.

Dean Karol has recently published articles exploring the challenges of collecting and exhibiting contemporary and conceptual art in an age of reproducibility, trademark owners’ entitlement to injunctive relief, the requirements for federal service mark protection, the use of theft rhetoric in civil copyright trials, and constitutional limitations on federal trademark law. His current scholarship focuses on the legal, ethical and market implications of the posthumous creation and exhibition of visual art.

Dean Karol currently sits on the board of November, a non-profit online arts magazine.

Featured Publications

ROYALTY CHECK, Artforum (2021)

Why Did the Guggenheim Decommission a Donald Judd?, Hyperallergic (2020)

Mapping and Critiquing the Legal Landscape in the United States, International Perspectives on Disability Exceptions in Copyright Law and the Visual Arts: Feeling Art (2020)

Extraction Point, Artforum International Magazine (2017)

Fair Use, Meet Ex parte Young, 89 Pat. Trademark & Copyright J. 689 (2015)

How Do You Solve a Problem Like Redigi?, Law360 (2013) (April 12, 2013)

The Presumption of Validity: A New Crack in the Armor? Patent, 76 Pat. Trademark & Copyright J. 1869 (2008)

Scholarly Work

SSRN Profile: https://ssrn.com/author=1916018

Posthumous Art, Law and the Art Market, (2022)

Permissive Certificates: Collectors of Art as Collectors of Permissions, 94 Washington Law Review 49 (2019)

The Threat of Termination in A Dematerialized Art Market, 64 J. Copyright Soc’y U.S.A. 187 (2017)

Trademark’s eBay Problem, 26 Fordham Intell. Prop. Media & Ent. L.J. 625 (2016)

The Constitutional Limitation on Trademark Propertization, 17 University of Pennsylvania Journal of Constitutional Law (2015)

Affixing the Service Mark: Reconsidering the Rise of an Oxymoron, 31 Cardozo Arts & Ent. L.J. 357 (2013) Judged one of the best law review articles of the year related to IP Law and selected for inclusion in the 2014 edition of the INTELLECTUAL PROPERTY LAW REVIEW, an anthology published annually by Thomson Reuters (West).

Hey, He Stole My Copyright! Putting Theft on Trial in the Tenenbaum Copyright Case, 47 New England Law Review 887 (2013)

Trademark Terminations: A Lesson from the Music Industry?, 82 Pat. Trademark & Copyright J. 666 (2011)

Who’s at the Helm? The Federal Circuit’s Rule of Deference and the Systemic Absence of Controlling Precedent in Matters of Patent Litigation Procedure, AIPLA Q.J. (2009)

Recent Appearances

Panelist: Restoring, Conserving, Replicating, Fabricating, International Catalogue Raisonné Association, 2021 Annual Meeting (2021)

Moderator: Professor v. Practitioner Debate, 2021 International Trademark Association Annual Meeting Virtual+ (2021)

Interview, Peter J. Karol on Conceptual Art Certificates, (2019)