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Peter J. Karol
Contact Information

Areas of Expertise
  • Patent Law and Litigation
  • Corporate Law
  • Trademark Law
  • Intellectual Property
  • Copyright Law
  • Computer Law
  • Civil Litigation
  • Business Law

Peter J. Karol

Professor of Law and Director of Intellectual Property Certificate Program


JD, Harvard Law School
BA, Amherst College

Professional Background

Professor Karol joined the full-time New England Law | Boston faculty in 2012. He teaches a wide range of intellectual property courses, as well as Property, and directs the school’s Intellectual Property certificate program. Professor Karol focuses his scholarship on intellectual property matters generally, and art, museum, copyright, and trademark law in particular.

He has recently published articles exploring the challenges of collecting and exhibiting contemporary and conceptual art in an age of reproducibility, trademark owners’ entitlement to injunctive relief, the requirements for federal service mark protection, the use of theft rhetoric in civil copyright trials, and constitutional limitations on federal trademark law. His current scholarship focuses on the legal, ethical and market implications of the posthumous creation and exhibition of visual art.

Selected Publications

Why Did the Guggenheim Decommission a Donald Judd?, (2020)

Mapping and Critiquing the Legal Landscape in the United States, International Perspectives on Disability Exceptions in Copyright Law and the Visual Arts: Feeling Art (2020)

Permissive Certificates: Collectors of Art as Collectors of Permissions, 94 Washington Law Review 49 (2019)

Extraction Point, Artforum International Magazine (2017)

The Threat of Termination in A Dematerialized Art Market, 64 J. Copyright Soc’y U.S.A. 187 (2017)

Trademark’s eBay Problem, 26 Fordham Intell. Prop. Media & Ent. L.J. 625 (2016)

The Constitutional Limitation on Trademark Propertization, 17 University of Pennsylvania Journal of Constitutional Law (2015)

Fair Use, Meet Ex parte Young, 89 Pat. Trademark & Copyright J. 689 (2015)

Affixing the Service Mark: Reconsidering the Rise of an Oxymoron, 31 Cardozo Arts & Ent. L.J. 357 (2013) Judged one of the best law review articles of the year related to IP Law and selected for inclusion in the 2014 edition of the INTELLECTUAL PROPERTY LAW REVIEW, an anthology published annually by Thomson Reuters (West).

Hey, He Stole My Copyright! Putting Theft on Trial in the Tenenbaum Copyright Case, 47 New England Law Review 887 (2013)

How Do You Solve a Problem Like Redigi?, Law360 (2013) (April 12, 2013)

Trademark Terminations: A Lesson from the Music Industry?, 82 Pat. Trademark & Copyright J. 666 (2011)

Who’s at the Helm? The Federal Circuit’s Rule of Deference and the Systemic Absence of Controlling Precedent in Matters of Patent Litigation Procedure, AIPLA Q.J. (2009)

The Presumption of Validity: A New Crack in the Armor? Patent, 76 Pat. Trademark & Copyright J. 1869 (2008)


Posthumous Art, Law and the Art Market (2022)