Of Counsel & Author of Nimmer on Copyright
Widely recognized as a foremost expert in copyright law, David Nimmer represents clients in the entertainment, publishing and high technology fields. He has twice served as co-counsel representing clients before the U.S. Supreme Court. On the first occasion, a unanimous decision in favor of his client drew the boundaries between copyright and trademark protection. In the second, another unanimous decision in favor of his client set the stage to compensate all freelance journalists in the country for their past articles.
David gave congressional testimony at the invitation of the House Judiciary Committee in 2014, on behalf of the United States Telephone Association in 1997 and on behalf of the National Association of Broadcasters in 1992. He also delivered Parliamentary testimony on behalf of the Combined Newspaper and Magazine Copyright Committee of Australia in Sydney.
Since 1985, David has authored and updated Nimmer on Copyright, the standard reference treatise in the field, first published in 1963 by his late father, Professor Melville B. Nimmer. The U.S. Supreme Court has cited Nimmer on Copyright on numerous occasions, as has every federal appellate court, countless district and state courts, as well as courts confronting copyright cases in countries across the globe. Cases within the United States have relied on Nimmer on Copyright as authority in over 3,500 judicial opinions.
- The Authors Guild, Inc. v. Google Inc. Represented Amazon in the U.S. District Court for the Southern District of New York as an objector to a class action settlement reached between Google and authors and publishers who sued for copyright infringement over the Google Books project.
- Matthew Bender & Co. v. West Publishing Co. Represented publisher Matthew Bender in the U.S. District Court for the Southern District of New York and U.S. Court of Appeals for the Second Circuit in a copyright action eliminating West Publishing Company’s claim to copyright in “star pagination” in judicial decisions collected in West reporters.
- Michael Foundation, Inc. v. Urantia Foundation. Represented publisher in the U.S. District Court for the Western District of Oklahoma and U.S. Court of Appeals for the Tenth Circuit in a copyright action vindicating the right of a daughter church to publish a portion of The Urantia Book under the title Jesus: A New Revelation.
- Worldwide Church of God v. Philadelphia Church of God. Represented publisher in the U.S. District Court for the Central District of California and U.S. Court of Appeals for the Ninth Circuit in a copyright action vindicating the right of a mother church to prevent republication of its title Mystery of the Ages.
- Ergonome v. Compaq. Represented a computer manufacturer in the U.S. Court of Appeals for the Fifth Circuit in a copyright action establishing the noninfringing status of its Comfort and Safety Guide and the award to it of its attorney’s fees.
- Three Irell Attorneys Recognized as ‘Lawyer of the Year’ by Best Lawyers - 08.2019
- Six Irell Practice Areas and Seven Attorneys Recognized in Chambers - 04.2019
Honors & Awards
- Recognized in The Legal 500 for Intellectual Property – Copyright (2008-2019)
- Named “Lawyer of the Year” in the areas of copyright law (2018), IP litigation (2013) and information technology law (2011) by Best Lawyers in America
- Named one of “The 25 Most Influential People in IP” by The American Lawyer (2010)
- Recognized as the “Intellectual Property ‘Lawyer of the Year’” by the Century City Bar Association (2010)
- Selected to the Southern California Super Lawyers list every year since the list’s inception
- Named one of California’s “Top 10 Copyright Lawyers” by the Daily Journal (2008)
David has contributed to numerous books, including Le lisibile et l’illsibe (2003), Cases and Materials on Copyright and Other Aspects of Entertainment Litigation (2002), Artefacts and Intellectual Property (2001), Copinger and Skone James on Copyright (1991), OnMultimedia: Technologies for the 21st Century (1990), Droit des affaires (1989) and International Copyright Law and Practice (1989-1998).
David has also published a series of influential articles on the subject of U.S. and international copyright. Kluwer International published one anthology of his articles in 2003 under the title Copyright: Sacred Text, Technology and the DMCA and a second in 2008 entitled Copyright Illuminated. A roster of his articles includes:
- “Volition in Violation of Copyright,” 43 Colum. J.L. & Arts 1 (2019)
- “Investigating the Hypothetical ‘Reasonable Royalty’ for Copyright Infringement,” 99 B.U. L. Rev. 1 (2019)
- “Juries and the Development of Fair Use Standards,” 31 Harv. J. L. & Tech. 563 (2018)
- “Breaking Down the Barrier Separating Copyright from droit d’auteur,” Entertainment, Issues Nos. 1 and 2 (2017)
- “Innocence of Copyright: An Inquiry into the Public Interest,” 63 J. Copyright Soc’y 367 (2016)
- “Aereo, Disruptive Technology, and Statutory Interpretation” SCOTUSblog and Daily Journal (June 26 and June 27, 2014, respectively)
- “Copyright and the Fall Line,” 31 Cardozo Arts & Ent. L.J. 803 (2013)
- "The Future of Copyright," TEDxRoma, an independently organized TED event held in Rome, Italy (April 8, 2017)
- David lectures widely in the copyright arena around the world: at MILIA in Cannes, ALAI in Tel Aviv, LUISS in Rome, IMPRIMATUR in London and the Copyright Society of Japan in Tokyo, and regularly to bar organizations in California and throughout the U.S.
- Professor from Practice, UCLA School of Law
- Member, American Law Institute
- Chairman, Committee on Intellectual Properties Litigation for the American Bar Association (1989-1992)
Yale Law School (J.D., 1980); Editor of the Yale Law Journal
Stanford University (A.B., 1977), with distinction and honors
- California, 1980
- U.S. District Court for the Central and Northern Districts of California
- U.S. District Court for the District of Colorado
- U.S. Court of Appeals for the Second, Fifth, Ninth, Tenth, Eleventh and Federal Circuits
- U.S. Supreme Court