Jonathan Band helps shape the laws governing intellectual property and the Internet through a combination of legislative and appellate advocacy. He has represented clients with respect to the drafting of the Digital Millennium Copyright Act (DMCA); database protection legislation; the Uniform Computer Information Transactions Act; and other statutes relating to copyrights, privacy, spam, cybersecurity, and indecency. He complements this legislative advocacy by filing amicus briefs in significant cases related to these provisions.
Mr. Band’s policy practice has an international dimension as well. He has worked on the World Intellectual Property Organization’s Copyright Treaty; the Council of Europe’s Cybercrime Convention and Hate Speech Protocol; and the Hague Convention on Exclusive Choice of Court Agreements. He also has submitted comments concerning the revision of intellectual property laws in countries as diverse as Canada, Australia, Singapore, Korea, and Israel.
Mr. Band’s deep substantive knowledge of the application of intellectual property law to information technology permits him to counsel clients on the scope of copyright protection for computer programs; secondary liability and the DMCA’s safe harbors for Internet service providers; the DMCA’s prohibition on the circumvention of access and copy control technology; the protection of online databases; the fair use status of digitization projects; and other complex intellectual property issues.
Jonathan Band received a B.A., magna cum laude, Phi Beta Kappa, in 1982 from Harvard College, and a J.D. from Yale Law School in 1985. From 1985 to 2005, Mr. Band worked at the Washington, D.C., office of Morrison & Foerster LLP, including thirteen years as a partner. Mr. Band established his own law firm in May, 2005. He is admitted to practice in the District of Columbia and California and before the U.S. Supreme Court and the U.S. Courts of Appeals for the Eighth, Ninth, Tenth, Federal, and District of Columbia Circuits.