Robert C. Denicola

Margaret R. Larson Professor of Intellectual Property Law

233 LAW UNL 68583-0902
(402)472-1253 | Email

Areas of Expertise
  • Contracts
  • Copyright Law
  • Trademarks & Unfair Competition
Education
  • L.L.M., magna cum laude, 1976 Harvard University
  • J.D., magna cum laude, 1974 Harvard University
  • B.S.E., magna cum laude, 1971 Princeton University

Appointments

  • Assistant Professor of Law, 1976
  • Associate Professor of Law, 1979
  • Professor of Law, 1982
  • Margaret R. Larson Professor of Intellectual Property, 1988
  • Acting Dean, 1994-96
  • Cline Williams Research Chair, 2004-05

Biography

Professor Denicola joined the Law College faculty in 1976. He received a B.S.E. degree from Princeton University in 197l and a J.D. degree from Harvard Law School in 1974. He also received an LL.M. degree from Harvard in 1976. Professor Denicola worked with a Boston law firm before coming to Nebraska. He has also been a visiting professor at Cornell University and the University of Alabama, and was Acting Dean of the Law College from 1994-96. Professor Denicola teaches courses in Contracts, Copyright, and Unfair Competition. He has written a casebook on copyright law published by Foundation Press and was the Co-Reporter for the American Law Institute's Restatement of the Law of Unfair Competition.

Contracts I

(Law 501/G-502/G; 6 cr.-3 cr. each semester) The basic principles governing the creation, interpretation and enforcement of private agreements.

Contracts II

Law 502/G (3-6 cr, max 6) For course description, see LAW 501G.

Copyright Law

Copyright Law (Law 711/G; 3 cr hr) A course on the protection of literary, musical, artistic, and audiovisual works under the laws of Copyright and Unfair Competition. Topics include the standards for copyright protection; procedural issues including copyright notice, registration, and duration; rules governing copyright infringement and fair use; and issues arising from digital technologies, including the distribution of copyrighted works over the Internet and the use of technological measures to protect copyrighted works.

Unfair Competition

Unfair Competition (Law 645/G; 3 cr hr) A study of the federal and state statutes and common law doctrines restricting unfair methods of competition in business. Topics include false advertising, trademark law, misappropriation, trade secret law and the right of publicity.

Articles

  • News on the Internet, 23 Fordham Intell. Prop., Media and Entertainment Law Journal 101 (2013)
  • The Restatements, the Uniform Act, and the Status of American Trade Secret Law, in The Law and Theory of Trade Secrecy, Edward Elgar Press, UK (2010)
  • Access Controls, Rights Protection, and Circumvention: Interpreting the Digital Millennium Copyright Act to Preserve Noninfringing Use, 31 Columbia J. of Law and Arts 209 (2008)
  • Copyright and Open Access: Reconsidering University Ownership of Faculty Research, 85 Nebraska Law Review 351 (2006)
  • Fair's Fair: An Argument for Mandatory Disclosure of Technological Protection Measures, 11 Michigan Telecommunications and Technology Law Review 1 (2004)
  • Mostly Dead? Copyright Law in the New Millennium, 47 Journal of the Copyright Society 193 (2000)
  • Freedom to Copy, 108 Yale Law Journal 1661 (1999)
  • Some Thoughts on the Dynamics of Federal Trademark Legislation and the Trademark Dilution Act of 1995, 59 Law and Contemporary Problems 75 (1997)
  • Foreword to the Symposium on the Restatement of Unfair Competition, 47 South Carolina Law Review i (1996)
  • Institutional Publicity Rights: An Analysis of the Merchandising of Famous Trade Symbols, 62 North Carolina Law Review 603 (1984)
  • Applied Art and Industrial Design: A Suggested Approach to Copyright in Useful Articles, 67 Minnesota Law Review 707 (1983)
  • Trademarks as Speech: Constitutional Implications of the Emerging Rationales for the Protection of Trade Symbols, 1982 Wisconsin Law Review 158 (1982)
  • Copyright in Collections of Fact: A Theory for the Protection of Nonfiction Literary Works, 81 Columbia Law Review 516 (1981)
  • Copyright and Free Speech: Constitutional Limitations on the Protection of Expression, 67 California Law Review 283 (1979)
  • The Magnuson-Moss Warranty Act: Making Consumer Product Warranty a Federal Case, 44 Fordham Law Review 273 (1975)

Books

  • Restatement of the Law (Third), Unfair Competition, (with H. Perlman), American Law Institute (1995)
  • Copyright, Unfair Competition, and Related Topics, Foundation Press (1985, 1990, 1995, 1998, 2002, 2005, 2009, 2013)
  • Supplements to Copyright, Unfair Competition, and Related Topics, Foundation Press