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Kevin Madigan

VP, Legal Policy and Copyright Counsel

Copyright Alliance

Kevin Madigan is VP, Legal Policy and Copyright Counsel at the Copyright Alliance. Kevin joined the Copyright Alliance in early 2020 after four years at the Center for the Protection of Intellectual Property (CPIP) at George Mason University’s Antonin Scalia Law School. Serving most recently as CPIP’s Deputy Director, Kevin conducted academic and policy work across all areas of intellectual property law. Before CPIP, Kevin worked as a research associate at Finnegan Henderson Garabow Garrett & Dunner, a law clerk at Pillsbury Winthrop Shaw Pittman, and as an intern at the Recording Industry Association of America.

Kevin’s work in copyright includes drafting amicus briefs, regulatory comments, policy papers, and essays on diverse topics such as public performance rights, copyright office modernization, the Music Modernization Act, the CASE Act, and the European Copyright Directive. He has authored law review articles on patent and trade secret policy issues, and he blogs at In addition to being a lawyer and advocate for the rights of creators, Kevin is a visual artist, musician, and registered copyright owner.

Kevin holds a B.A. from Boston College, a J.D. from the University of Baltimore School of Law, and an LL.M. in Intellectual Property Law from George Washington University Law School.  He is admitted to practice law in Maryland and Washington, DC.

Recent Articles by Kevin Madigan

Five Years Later, the U.S. Patent System is Still Turning Gold to Lead

Five years after the last of the four decisions in patent eligibility doctrine by the Supreme Court—creating what is now referred to as the Alice-Mayo framework—the impact of this upheaval in the patent system has become even more clear. Ongoing court decisions and new data confirm that the Alice-Mayo framework has wrought an unsettling revolution and sowed uncertainty in what former U.S. Patent and Trademark Office (USPTO) Director David Kappos has referred to as the “the greatest innovation engine the world has ever known.” As policy debates on subject matter eligibility ramped up this past year, it is time to return back to the original dataset created by Robert Sachs and David Kappos that we presented in Turning Gold to Lead and provide an update.

CASE Act Promises Long-Overdue Access to Justice for Individuals and Small Businesses in the Arts

Jenna Close is a freelance commercial photographer and owner of a small business that licenses still images and videos to both domestic and international clients. She and her partner work 60-80 hours a week booking work, shooting, billing, accounting, marketing, and continuing to develop and maintain their skills. Jenna’s images are widely infringed online. She’s found exact reproductions of her work on competitors’ websites, on websites falsely advertising that the photographs are free to use, and she’s even come across instances where companies have photoshopped their own products into her images. Despite the brazen misuse of her images that she frequently encounters, Jenna does not generally pursue claims against her infringers because it is too expensive and time consuming to do so. It’s just not worth the cost—even though she registers at least some of her images for copyright protection, and so would be entitled to statutory damages and attorneys’ fees with respect to those images in case of a court victory. Unfortunately, Jenna’s story is not unique. For countless individual artists and small businesses, combating the unauthorized use of their creative works online is a source of enduring frustration. The frequency and ease with which photographs, sound recordings, videos, and other works of authorship are shared on the Internet leaves those without significant time and resources little recourse when they encounter infringement. But now, after years of advocacy by creators like Jenna, new legislation promises long-overdue support for these marginalized groups in the ongoing fight against overwhelming infringement in the digital age.

Past Events with Kevin Madigan

Artificial Intelligence Masters™ 2023

Held on March 07-08, 2023