Areas of Practice
Kate Spelman has more than 30 years of experience providing strategic advice, design and implementation counsel for large, mid-sized and startup companies on copyright, trademark, trade secret and patent matters, both nationally and internationally, and has a special focus on media, licensing and mass digitization issues. Kate advises and counsels clients on the development, production, sale and defense of work related to emerging content distribution strategies and challenges, special issues in news reporting including repurposing content, and firewall and paywall configuration in light of changes in the fair use defense.
Kate is a frequent speaker on the progress of emerging copyright and digital publishing issues, and has advised authors, nonprofit and for-profit publishers, and internet service providers on the new language and provisions of the changed, global distribution environment. She has represented large digital publishing companies in international distribution agreements as well as represented developers and designers who are building and launching tools for online transmissions, storytelling, expression and art.
Additionally, Kate has experience assisting clients with Open Source licensing issues, including Open Source integrated licenses, audits, mergers and acquisitions due diligence, and compliance negotiations. Kate also helps clients design independent holding companies in the U.S. and in offshore intellectual property asset management. She has experience with intellectual property asset audits, and has assisted companies in proactive and reactive Sarbanes-Oxley compliance reporting requirements.
Professional Experience
K&L Gates LLP, Partner (2013-2016)
Cobalt LLP, Founding Partner (2005-2013)
DLA Piper LLP (formerly Steinhart & Falconer LLP), Partner (1992-2005)
Squire Patton Bogs LLP (formerly Graham & James LLP), Partner (1990-1992)
Kilpatrick Townsend & Stockton LLP (formerly Townsend and Townsend and Crew LLP), Partner (1982-1990)
Pillsbury Winthrop Shaw Pittman LLP (formerly Pillsbury Madison & Sutro LLP), Associate (1980-1982)
Berrien County, Michigan, Prosecuting Attorney’s Office, Intern (1977-1979)
Admitted to Practice
Washington
California
Wisconsin (Inactive)
Academics
Pepperdine University (Certificate in Dispute Resolution, 1990)
University of Wisconsin Law School (J.D., 1980)
University of Michigan (B.A., Classics and Latin, 1976)
Practice Group and Specialty Team Memberships
Intellectual Property and Technology
Litigation
Startups and Emerging Companies
Publications
“Fundamentals of Copyright Law in the Data Era 2015,” Practising Law Institute Course Handbook, Co-author (June 2015)
“Estate Planning and Copyright,” American Bar Association’s Landslide, Co-author (January/February 2013)
“Copyright Current Developments — June 2012,” Practising Law Institute Course Handbook, Co-author (October 2012)
“How to Avoid the New Post-Acquisition Hobby of an IP Ownership Hairball,” American Bar Association’s Landslide (March/April 2012)
“Copyright Current Developments,” Practising Law Institute Course Handbook, Co-author (March 2012)
“Third Party Code: Beware the Trojan Source!” American Bar Association’s Landslide, Co-author (November/December 2010)
“What’s New in Anti-Counterfeiting,” Practising Law Institute Course Handbook (2010)
“Understanding Basic Copyright Law” Co-editor (2005)
“Copyright Current Developments,” Practising Law Institute Course Handbook, Co-author (June 2004)
“Creators Must Publish Older Works or Lose 45 Years of Copyright Protection,” San Francisco Daily Journal, Co-author (August 19, 2002)
Speaking Engagements
“Open Access and the Changing Ecosystem for Publishing and Research in a Sharing Economy” and “Update on Copyright Law,” Institute of Continuing Legal Education’s Intellectual Property Law Institute (July 21-22, 2016)
Practising Law Institute’s Fundamentals of Copyright Law in the Data Era 2016 Seminar, Co-chair (June 23, 2016)
“Big Data: Basics and Beyond,” Law Seminars International’s Technology Law Conference, Co-presenter and Program Co-chair (December 2015)
“Copyright Law Developments,” All Ohio Annual Institute on Intellectual Property (October 2015)
“Copyright in Flux,” Intellectual Property Owners Association Annual Meeting, Moderator (September 29, 2015)
“Detroit Street Art and Copyright” and “Update on Copyright Law,” Institute of Continuing Legal Education’s Intellectual Property Law Institute (September 17, 2015)
“Say What? The Newly Cooperative Online Landscape,” Copyright Society of the USA’s Annual Meeting, Panelist (June 9, 2015)
“Copyright and New Channels for Content Distribution,” Practising Law Institute’s Fundamentals of Copyright Law in the Data Era Seminar, Co-presenter and Seminar Chair (June 2015)
“Copyright Law Developments 2015,” American Bar Association’s Annual Intellectual Property Law Conference, Co-presenter (March 26, 2015)
National CLE Conference® (2006, 2008, 2010-2015)
Law Seminars International’s Technology Law Conference, Co-chair (December 2014)
“Copyright Termination,” Practising Law Institute’s Intellectual Property Law Institute (October 2014)
“Recent Trademark/Copyright Case Law Update,” Intellectual Property Owners Association Annual Meeting, Co-presenter (September 8, 2014)
“Copyright Law Developments,” All Ohio Annual Institute on Intellectual Property (September 2014)
“Termination Tango” and “Update on Copyright Law,” Institute of Continuing Legal Education’s Intellectual Property Law Institute (July 17-18, 2014)
“The Aereo Case and the Supreme Court — Grand Theft or Public Right?” Practising Law Institute’s Fundamentals of Copyright Law in the Data Era Seminar, Co-presenter (June 2014)
“Copyright 2013 at a Gallop,” American Bar Association’s Annual Intellectual Property Law Conference, Co-presenter (April 4, 2014)
“Analysis of a Technology License Agreement,” Practising Law Institute’s Advanced Licensing Agreements Seminar, Co-presenter (January 2014)
“Copyrights: Establishing Ownership and Controlling Access to Content,” Law Seminars International’s Technology Law Conference, Co-presenter and Conference Co-chair (December 2013)
“Copyright Law Developments,” All Ohio Annual Institute on Intellectual Property (September 2013)
“Copyright Advanced Session: The Barbarians are at the Gates!” and “Update on Copyright Law,” Institute of Continuing Legal Education’s Intellectual Property Law Institute (July 18-19, 2013)
IP and Copyright Risks Today “How is Copyright Law Coping with Disruptive Technologies?” Practising Law Institute’s Fundamentals of Copyright Law in the Data Era Seminar, Co-presenter (July 2013)
“China in the 21st Century: New Laws Proposed on Copyright, Patent and Competition,” American Bar Association’s Annual Intellectual Property Law Conference, Co-presenter (April 5, 2013)
Minority Corporate Counsel Association’s Annual CLE Expo (2010, 2013)
“Copyrights: New Developments of Particular Importance to the Technology Industry,” Law Seminars International’s Technology Law Conference, Presenter and Program Co-chair (December 2012)
“Golan: Constitutional Challenges and is the Public Domain Static?” Practising Law Institute’s Intellectual Property Law Institute (October 2012)
“Copyright Law Developments,” All Ohio Annual Institute on Intellectual Property (September 2012)
“Everything You Know is Wrong: Formerly Settled Copyright Issues,” Practising Law Institute’s Understanding Copyright Law in the Data Era 2012 Seminar, Co-presenter (July 2012)
“Whose Book is This? Digital Publishing, Copyright and the Future of ‘Orphaned’ Literary Works,” Annual Media and the Law Seminar, Moderator (May 4, 2012)
“Cutting Edge Developments in Litigation,” Practising Law Institute’s Information Technology Law Institute 2012: Innovations in Apps, E-books, Cybersecurity, Mobile Technology, Privacy and Social Media, Co-presenter (April 2012)
“Trollings, Take Downs and Transfers: An Audiovisual Odyssey Through the World of Copyright, 2011-2012,” American Bar Association’s Annual Intellectual Property Law Conference, Co-presenter (March 30, 2012)
“Introduction to Museum Intellectual Property: Copyright and Trademark,” American Law Institute’s Legal Issues in Museum Administration Seminar, Co-presenter (March 19, 2012)
“Copyright Enforcement Update,” Practising Law Institute’s IP Enforcement and Litigation 2012: Civil and Criminal Update, Co-presenter (March 2012)
“Analysis of a Technical License Agreement,” Practising Law Institute Seminar (February 2012)
Law Seminars International’s Technology Law Conference, Program Co-chair (December 2011)
“Copyright Law Developments,” All Ohio Annual Institute on Intellectual Property (September 2011)
“Developments in Copyright and Trademark Enforcement” and “Issue Spotting on Negotiating Strategies in a Complex License,” Law Seminars International’s Licensing Transactions Seminar (August 29-20, 2011)
“In the Light and in the Dark: The Good and Bad Side of Content Regulation,” Media Law Review Center’s Legal Frontiers in Digital Media Seminar, Moderator (May 19, 2011)
“What a Wild Year It’s Been for Technology Companies: Bilski and Other Key Law Developments,” Law Seminars International’s Technology Law Conference, Co-presenter and Program Co-chair (December 2010)
“Recent Updates in Trademark and Copyright Law,” Intellectual Property Owners Association Annual Meeting, Co-presenter (September 13, 2010)
“Copyright Law Developments,” All Ohio Annual Institute on Intellectual Property (September 2010)
“Enforcement: What the Evolving First Sale Cases Have to Tell Us About Licensing Copyrights and Maintaining Copyright Protection” and “Issue Spotting and Negotiating Strategies in a Complex License,” Law Seminars International’s Licensing Transactions Seminar (August 27, 2010)
“Do I Need Permission for That? Copyright, Fair Use, the DMCA and New Open Licensing Models,” Media Law Review Center’s Legal Frontiers in Digital Media Seminar, Moderator (May 2010)
“The Lawyer’s Guide to Using the Internet,” American Law Institute, Co-moderator (2000)
Awards and Honors
AV Preeminent® in Martindale-Hubbell® Peer Review Ratings™
Recommended by Who’s Who Legal, Telecommunications Media and Technology, Trademarks
Named as one of The Best Lawyers in America®, Information Technology, Copyright and Trademark (2001-2016)
Selected “IP Star” by Managing Intellectual Property (2014); “Top 250 Women in IP” (2014)
Professional and Community Activities
Board Member, Creative Commons (2015-Present)
Intellectual Property Owner’s Association
Member (2013-Present)
Annual Meeting Program Committee (2015)
American Intellectual Property Law Education Foundation
Trustee (2000-Present)
Board Member (2003-2010)
Board of Trustees, Copyright Society of the USA (1986-Present)
Member, Bar Association of San Francisco (1981-Present)
American Bar Association
Section of Intellectual Property Law
Member (1981-Present)
Chair, Division III (2010-Present)
Council Member (2001-2010)
Delegate, World Intellectual Property Organization Standing Committee on Copyrights and Related Rights
Governing Committee, Forum on Franchising (1999-2001)
Planning Committee, Media Law Review Center’s Legal Frontiers in Digital Media Seminar (2012-2014)
Member, University of California, Berkeley, School of Law, Copyright Principles Project (2006-2013)
Member, International Trademark Association, Panel of Trademark Mediators (2008-2011)
Board Member, Women Chefs and Restaurateurs (1993-2005)
President, San Francisco Intellectual Property Association (1999-2001)
Chair, American Intellectual Property Law Association, Copyright Section (1999-2001)
Editorial Board Member, The Journal of Internet Law, The Journal of Brand Management and The Cyberspace Lawyer (1992-2000)