Michael Risch, JD

Vice Dean, Professor of Law | Charles Widger School of Law Villanova University

  • Villanova PA

Michael Risch, JD, is an expert in intellectual property, patents and internet law.

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Soundgarden, Chris Cornell's Widow Spar Over Royalties and Recordings

It's been a "Black Hole Sun" set of months for the members of Soundgarden, who are in a legal fight with the widow of the band's former lead singer, Chris Cornell, who died in 2017.  Cornell's wife, Vicky, filed suit against the band in December 2019, claiming that her husband's estate was owed "hundreds of thousands of dollars" in royalties for unreleased recordings prior to his death. Now, the band has filed a motion to dismiss the lawsuit. Intellectual property expert and law professor Michael Risch says it's an interesting decision on the band's part.  "The allegations in the lawsuit are heavily fact-bound, as are the defenses," Prof. Risch says. "A motion to dismiss assumes that all the facts in the complaint are true, but the band's motion asserts that the facts are false." He says that band members usually always work things out. When you see lawsuits for copyright or other reasons, it's usually always heirs that are involved.

Michael Risch, JD

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Areas of Expertise

Law
Intellectual Property & Patent Management
Trade Secrets
Trademark Law
Patent Law
Copyright
Intellectual Property

Biography

Professor Risch is a go-to expert on intellectual property, patents and internet law. His teaching and scholarship focus on intellectual property and internet law, with an emphasis on patents, trade secrets and information access. He has commented extensively on the Apple v Samsung and Google v Oracle court cases and his work has been cited by the U.S. Supreme Court.

Education

University of Chicago Law School

JD

Stanford University

AB

Select Media Appearances

As Other Disney Characters Follow Mickey Mouse to Public Domain, Experts Discuss Company’s Legal Options

FOX Business  online

2024-01-04

Risch highlighted the use of George Gershwin's "Rhapsody in Blue" by United Air Lines as an example of this potential conundrum. In the 1980s, United secured the rights to the tune for an annual fee of $300,000. The song eventually became synonymous with the brand and was featured in a plethora of advertisements.

"Does that mean another airline can use the same Gershwin tune for their airline commercial because it's the public domain? On the one hand, you'd say, sure, because it's in the public domain. Anybody can use the music and play it whenever they want it. On the other hand, if you're using a particular clip to sell a competing good that has nothing to do with the clip, maybe that's an issue. And that's going to be the next frontier in my mind," he said.

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Indian government moves to hold Twitter liable for user-generated content

Just The News  online

2021-07-06

witter is facing a move by the government of India to potentially hold it liable for user-generated content, with Indian officials claiming that the social media company has failed to adhere to the country's new technology laws. ...

Twitter will be still able to operate in India if the government succeeds, but "the only question is how much it will cost," said Vice Dean of Villanova University's Charles Widger School of Law Michael Risch, whose research focuses in part on Internet law.

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The Tinder-Bumble Feud: Dating Apps Fight Over Who Owns The Swipe

NPR  

2018-10-30

The popular apps Tinder and Bumble have upended dating culture, all with a swipe. But Tinder's parent company says the similarities between the apps suggest another kind of swiping — of ideas. In dueling lawsuits, Match, which owns Tinder, alleges that Bumble stole Tinder's intellectual property. … Michael Risch, a professor at Villanova University's Charles Widger School of Law, has a few concerns. He agrees that many bad, overly broad patents have been thrown out under the Supreme Court decision called Alice. But good ones could be blocked too, he says.

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Select Academic Articles

Hidden In Plain Sight

Berkeley Technology Law Journal

Michael Risch

2016

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The Layered Patent System

Iowa Law Review

Michael Risch

2016

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Patent Portfolios as Securities

Duke Law Journal

Michael Risch

2013

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