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58 J. Copyright Soc'y U.S.A. 223 (2010-2011)
Making Experts Count

handle is hein.journals/jocoso58 and id is 243 raw text is: MAKING EXPERTS COUNT
Good evening. I wish to thank The Copyright Society of the U.S.A.,
President Corey Field, and Gloria Phares for giving me the honor of ad-
dressing you this evening.' When I received a copy of the elegant invita-
tion the Society prepared for this lecture, it triggered a trip down memory
lane for me. The invitation included a list of many of the copyright cases
over which I had presided as a judge. The irony of that list was not lost on
First, almost all of those cases came to my docket as a result of being
spun out of a wheel. The random assignment system in the Southern Dis-
trict of New York is a beautiful thing. The docket is so rich and varied that
you are destined to receive a goodly share of intellectual property cases.
On average, about 300 copyright cases are filed each year in the Southern
District of New York.
Second, one of the great joys and privileges of being a judge lies in
your knowledge that what you do matters to the litigants and their attor-
neys. Lawyers quite rightly feel a very similar satisfaction and obligation.
Your clients come to you in need and depend on your help. A judge
knows that every case on her docket, whether large or small, matters to
the parties. They want to know that the judge understands their positions,
will work with the lawyers to get the dispute resolved as efficiently as pos-
sible, and will strive to deliver a just result. There are two aspects of copy-
right cases that make that task considerably easier: the dedicated and
knowledgeable copyright bar, and - may I say it? - the fun of the cases.
I expect all of you know what I mean when I say that copyright cases
are fun. More often than not they are fast-paced. If the issue is whether a
movie infringes on a book, your task can be as simple as watching the
*United States District Court Judge for the Southern District of New York. This
article was presented as the Fortieth Annual Donald C. Brace Memorial Lecture,
Nov. 22, 2010, James B.N. McNally Amphitheatre, Fordham University Law
School, 140 West 62nd St., New York, NY.
II also wish to express my gratitude to my law clerk, Emily C. Rossi; my former
law clerk Barton Beebe, a Professor at New York University School of Law;
and John Gencarello, Deborah Wooten, and Lorraine Bravo of the Clerk's
Office in the United States District Court for the Southern District of New

Makinp, Experts Count


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