Mark H. Wittow

• Listed in The Best Lawyers in America^® for Technology Law in Seattle, 2021-2024
• Named to the Washington Super Lawyers list, 2007-2019

• Adjunct Faculty, Seattle University Law School  (Arts Legal Clinic and Advanced Copyright Law courses, 2005-2024)
• Adjunct Faculty, University of Washington Law School (Advanced Copyright Law course, 2017)
• Washington Lawyers for the Arts volunteer (clinic, presentations and consultations); winner of Washington Lawyers for the Arts 2015 Robert C. Cumbow Brio Award for volunteer service
• Pro Bono Legal Advice to:  Seattle Symphony, KNKX, KEXP, KING-FM; Challenger Center; Tune In to Nature (BirdNote), Acoustic Sound Wintergrass), Landesa, ArtsFund of Washington, Communities Rise; Earth’s Call, The Mockingbird Society, Village Reach, Confluence Project; Seattle Men’s Chorus; Girl Scouts of Western Washington; Community Museum Project of the University of Washington; Northwest Justice Project; Seattle Foundation; Audubon Washington; Chamber Music Madness, South Hudson Music Project, Alaska Geographic Association; and various documentary film projects.
• Non-Profit Board President, The Westerlies Music, Inc.
• Non-Profit Board Officer, South Hudson Music Project

• "Music Sampling, Fair Use, and Creator Rights Issues" and "The Top 10 Intellectual Property (IP) Cases Music Lawyers Need to Know," Music Law From Start to Finish:  A Legal Band Camp for Attorneys, NBI - National Business Institute, online webinar, December 2023
• "Art and Artificial Intelligence: Copyright Implications in the New Wild West of Generative AI," MyLawCLE and Federal Bar Association, April 2023
• "Artificial Intelligence and Art: Computational Creativity and the Legal Challenges and Concerns," University of Washington Journal of Law, Technology & Arts, April 2023
• "Copyright Law and Practice - Developments and Trends, University of Washington School of Law," Asian Law Center, March 2023
• "Protecting IP Rights in Digital Works of All Types, Including Copyrighting Metadata," myLawCLE, January 2023
• Licensing and Protecting Digital Content: New Guidance for Digital Content Creators Regarding Metadata,” Strafford Webinars, December 2022
• “NFTs and Fractional NFTs: Legal and Regulatory Concerns for Creators and Investors,” Strafford Webinars, Aug. 2021
• “Buying and Selling NFTs via Blockchain: Ownership Rights, IP Concerns, First Sale Doctrine,” Strafford Webinars, June 2021
• “Copyright Developments of a Pandemic Year—Fair Use and More,” The 26th Annual Intellectual Property Institute, May 2021
• “Copyright and Licensing Issues in Artificial Intelligence,” American Bar Association IP Fall Institute, Sept. 2020
• “Music Licensing - An Introduction and Recent Developments,” WSBA Technology and Licensing CLE Seminar, July 2020
• “Licensing Law Developments,” Annual IP and Technology Licensing Conference, Law Seminars International, Oct. 2019
• “Copyright Law Developments,” American Bar Association IP West Conference, Oct. 2019
• “Copyright Update,” Oregon State Bar Intellectual Property Review, Feb. 2019 and Oct. 2017
• “New Cases - Fundamentals of Copyright Law in the Data Era,” Practicing Law Institute, July 2018
• “What Happened After Aereo: Explore the Legal Contours Within Which Alternative Web-Streaming Platforms May (or May Not) Operate,” American Intellectual Property Law Association Spring Meeting, May 2018
• “Copyright Law Developments 2016-2017” IP Law Institute, Washington State Bar Association, March 2017
• “Copyright Year in Review,” Annual Art Law Institute, Washington Lawyers for the Arts, Dec. 2016
• “Open Source Software: Opportunities and Challenges (Best practices for using open source software in a commercial environment and with devices),” American Bar Association IP West Conference, Oct. 2017
• 2017 Copyright Update, Oregon State Bar Intellectual Property Section, Oct. 2017
• “Music Law 101” (Copyright, Licensing, Ethics), National Business Institute, Oct. 2017
• “Cloudy with a Chance of Meatballs? Practical Considerations for Providers, Subscribers and Acquirers of Cloud Services,” Research Triangle Area Association of Corporate Counsel Cyberpalooza, March 2017
• “Copyright Law Essentials,” Washington State Bar Association, Oct. 2016
• “Advising Artists & Arts Groups,” Alaska Bar Association, Aug. 2016
• “Copyright Developments - A Year in Review,” Kansas Bar Association , May 2016
• “Copyright Law Review - Updates and Changes from 2015,” Oregon State Bar Association, Feb. 2016
• “Copyright Year in Review,” Annual Art Law Institute, Washington Lawyers for the Arts, Dec. 2015
• Music Copyright Law Developments, King County Bar Association, Oct. 2015
• Music Law: The Basics and Beyond (Overview of Music Copyright Law and related Ethics Issues), National Business Institute CLE Seminar, Aug. 2015
• “Structuring IP-Focused Transactions: Developing Transactional Strategies” for Advanced Concepts in Licensing IP and Technology, LSI CLE Conference, Aug. 2015
• “Software Licensing: Recent US Developments and Key Licensing Agreement Provisions,” Licensing Executives Society of Vancouver, B.C., Jan. 2015
• “Copyright Law Developments of Note: 2014,” Art Law Institute - Washington Lawyers for the Arts, Dec. 2014
• “Open Source Software: Effective Due Diligence in M&A Transactions,” Black Duck Software Seminar, Aug. 2014
• “Music Law 101,” National Business Institute CLE Seminar, April 2014
• “Music Copyright Law Developments,” Washington State Bar Association Intellectual Property Law Institute, March 2014
• “Cloud Computing – Understanding and Mitigating Risks,” LSI Conference on Licensing IP Technology, Aug. 2013
• “Getting the Deal Done: Spotting and Resolving Legal Issues for Cloud Computing and Big Data Services,” LSI Conference on Cloud Services and Related Big Data Issues, April 2013
• “Intellectual Property and Other Legal Issues for Writers, Editors and Publishers," various groups, 2013 and 2014
• “Risk Assessment and Management in Cloud Platforms,” LSI Conference on Current Issues in IP Licensing, Aug. 2012
• “Digital Piracy, Intellectual Property and Content Protection in 2012,” LexisNexis Emerging Issues Webinar, June 2012
• “Traps for the Unwary (IP Issues),” Angel Capital Association Northwest Regional Meeting, May 2012
• Moderator, “What Hot on the Hill: Information Technology Legislative Developments,” American Bar Association Intellectual Property Law Section annual conference, Arlington, VA, March 2012
• “Cloud Computing for Investment Managers,”100 Women in Hedge Funds, SF, March 2012
• “Copyright Fundamentals,” Washington Lawyers for the Arts, May 2012
• “Finance in the Clouds: Exploring the Best Practices in Cloud Computing,” Knowledge Congress webinar, Dec. 2011
• “Project Management in the Cloud – The Good, The Bad and The Ugly.” Puget Sound Project Management Institute, Oct. 2011
• “IP Issues for Exits,” Angel Capital Association Northwest Regional Meeting, Feb. 2011
• “Protection and Enforcement of Trade Secrets,” Alaska Bar Association CLE for Corporate and Other In-House Counsel, Anchorage, Jan. 2011
• "Cloud Computing and Intellectual Property Considerations," Inland Empire Intellectual Property Institute, Washington State Bar Association, Spokane, Oct. 2010
• "IP Issues in the IT Cloud," IP Chat Channel (Intellectual Property Owners Association), Aug. 2010
• "Cloud Computing - Recent Litigation Developments, Anticipating New Claims," Practicing Law Institute (SF), 2010
• “Best Practices for Start-Ups,” Alliance of Angels Investor Education Event, 2010
• "Competitive Intelligence - Safely Navigating Intellectual Property Minefields," Washington State Bar Association Intellectual Property Law Institute, 2010
• "Trade Secret Case Law Developments," Law Seminars International Conference on New Trends and Legal Issues in Technology Law, 2009
• "Anglo-American Information Technology Law and Contracts," Bitkom (Berlin), 2009
• "Drafting Contracts that Meet Current Business Needs," The Practical and Tactical Art of the Deal in Software Licensing Agreements, American Conference Institute (SF), 2009
• "Protecting Trade Secrets - Consideration and Practice Tips for Business Agreements and More," Washington State Bar Association "Best of CLE" 2009 (reprised from WSBA IP Licensing Essentials CLE, 2008)
• "Update on Aspects of Employment Agreements Relating to Intellectual Property," Law Seminars International Conference on Departing Employees and Intellectual Property, 2009
• Moderator, Cloud Computing  Issues Roundtable, American Bar Association Intellectual Property Law Conference (Arlington, VA), 2009
• "Avoiding Liability for User Generated Content - Recent DMCA Safe Harbor Cases," Hot Topics for Transactional Lawyers CLE, 2008
• Organizer, "Life After GPLv3:  New Developments in Open Source Software Licensing," American Bar Association Annual Meeting (NYC), 2008 
• "Conforming Complex Licensing Transactions to Business Objectives," IQPC Patent Strategies Conference (SF), 2008
• "Protection of Trade Secrets Assets in Business Negotiations and Agreements," Law Seminars International Trade Secrets Conference, 2007
• Overview of Copyright and Trademark Issues for Small Business, Washington State Bar Association Small Business Institute, 2007
• "Implications of MedImmune v. Genetech for Patent Licensing, and Other Hot IP Topics," Licensing Executives Society, 2007
• "An Introduction to and Criticism of Music Copyright Infringement Analysis," King County Bar Association IP Section, 2007
• "Copyright Essentials - Protection for Architecture and Maps with a Special Focus on Virtual Worlds," Copyright Society of the USA, Northwest Chapter, 2006
• "Intellectual Property Licensing Trends: Recent Case Law Developments, Annual Intellectual Property Licensing Seminar," Washington State Bar Association Intellectual Property Section, 2006
• "Copyright  Basics, Intellectual Property for Non-Specialists," King County Bar Association, 2000-2006
• "Legal Issues for Writers: Copyright," Washington Lawyers for the Arts, 2006
• "The Technology Wild Card - How Technology Integration Can Make or Break Post-Merger Success," The Deal (NYC), 2005
• "Legal Issues for Website Designers," Washington Lawyers for the Arts, 2005; Raincoast Computer Conference, 2005
• "Recent Developments in the Protection and Use of Databases," 20th Annual Intellectual Property Law Conference, American Bar Association, 2005
• "Databases - To License or Not to License," Licensing Essentials for Business and Technology Lawyers, Washington State Bar Association Business Law and Intellectual Property Sections, 2004
• "Register Your Work - Nuts and Bolts of Copyright Registration and Enforcement," Washington Lawyers for the Arts, 2004
• "Overview of Export Controls and Technology Export Issues, Advanced IP Licensing Transactions," Law Seminars International, 2004
• "Applying Copyright Rules In Light Of New Legal Developments (Including DMCA):  Software, Digital Media, Internet & Related Issues, Alaska Bar Association Conference on Copying Intellectual Property for Business, School, Art or Home Use: Practical Advice for the 21st Century," 2003
• "Electronic Transactions and UETA - Traps for the Unwary," Computer Law Conference, Law Seminars International, 2002
• "Electronic Commerce Law Update, Business Law Section Mid-Year Meeting/Conference," Washington State Bar Association, 2002
• "Copyright and Trade Secret Issues in Intellectual Property Audits, Intellectual Property Valuation and Audits Conference," Seattle University IP Law Society, 2002
• "Privacy Law Litigation Developments, Responding to Privacy Laws," LSI, 2001
• "Emerging Issues from the Internet," Washington State Ethics and Election Conference, 1999
• "Intellectual Property Litigation, Computer Law Conference, LSI, 1998 (with Kirk Dublin)
• "Entangled in the World Wide Web: Legal Liability in Cyberspace, Intellectual Property and Internet Law," Alaska Bar Association Conference, 1998

Academic, Business, and Non-Profit Presentations

• Comments on the impact of Oracle v. Google, 2021 (ABA Copyright and Emerging Technology Committee)
• Music Copyright Law Issues and Developments, 2017, 2019, 2020, 2021, 2022, 2023 (University of Washington School of Law, Seattle University School of Law)
• Intellectual Property Issues in M&A Transactions, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 (University of Washington Institute in Transnational Law and Practice and Seattle University School of Law) 
• Recent Copyright Law Developments, 2015, 2016, 2017, 2018, 2019, 2020, 2021, and 2023 (various)
• Copyright & Other Intellectual Property Law Issues for Architects and Builders. 2012, 2013, 2015, 2017, 2018, 2019 (University of Washington College of Built Environments) 
• Copyright Developments for Entertainment Law, 2016 (Greater NALS of Seattle)
• Software and Copyright Law Developments, 2015 (In-house presentation)
• Ethical and Strategic Issues in Fair Use Litigation, 2015 (University of Washington School of Law)
• Aereo and Beyond: Pushing the Boundaries in Copyright Law, 2015 (Seattle University School of Law)
• “Copyright (Plus) for Writers & Publishers,” Whatcom Writers and Publishers Group (Feb. 2015)
• Intellectual Property Due Diligence in M&A Transactions, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015 (University of Washington Institute in Transnational Law and Practice)
• Music Law 101 for Transactional Lawyers, 2014
• Preparing Your Business for Sale, 2013
• Finance in the Clouds: Exploring Best Practices, 2012
• Technology & IP Issues for Investment Management & Financial Services Companies, 2012
• Intellectual Property Licensing, 2010, 2012, 2013, 2014, 2015 
• Music Copyright Issues, 2008, 2010, 2012, 2015, 2016, 2018, 2019, 2020, 2021, 2022, 2023, 2024
• Website Terms of Use and Privacy and Information Security Policies, 2010
• IP and other Legal Issues for Writers, 2009, 2010, 2011, 2012, 2013 
• IP Issues for Filmmakers, 2009
• Legal Issues for Visual Artists, 2009, 2010, 2011, 2013 
• Identifying and Resolving Problems in Acquiring Technology Companies and Assets, 2009, 2010, 2012, 2015
• IP Licensing Toolkit, 2009
• Recent Developments in Website Liability, 2008
• Open Source Software Developments, 2008
• IP: The Basics and Beyond, 2008
• In re Seagate – Recent Changes to the Federal Circuit’s Treatment of Attorney-Client Privilege and Work Product in Patent Infringement Litigation, 2007
• University Technology Transfer and Related Government Research Funding Issues, 2007
• IP Issues for Emerging Businesses, 2007
• An Overview of IP Issues Relating to Standards Setting Organizations, 2007
• Copyright Issues and Overview, 2005, 2006
• Architecture and Engineering in the Digital Age, 2006
• Intellectual Property Due Diligence Issues, 2006
• Employee Invention Agreement Requirements, 2006
• Attorney-Client Privilege Issues, 2006, 2007
• Legal Issues for Journalists, 2001, 2002, 2004, 2006, 2007, 2008, 2009 
• Trade Secret Issues Overview, 2000, 2003, 2004
• Assessing Natural Resource Damages in the Exxon Valdez Oil Spill Litigation, 2004
• Intellectual Property Litigation, 1999, 2002
• Privacy and Encryption Legal Issues in Computer Programming, 2002
• Copyright Basics for Authors and Illustrators, 2002
• Electronic Contracting and Software Licensing Issues, 2001
• Uniform Computer Information Transactions Act, 1999
• Negotiating Software Development Agreements, 1999
• Exporting Software, 1998
• Digital Works and Copyright, 1998
• Natural Resources Law, 1994, 1996

• “Acquiring an AI Company,” Thomson Reuters Practical Law, January 2024
• “New Guidance for Digital Content Creators’ Metadata from the U.S. Court of Appeals,” Intellectual Property & Technology Law Journal, April 2023
• “A Fair Use Tale, or All's Well That Ends: the U.S. Supreme Court Holds Google's Use of Java Code to Be a Fair Use under U.S. Copyright Law” (National Law Review April 2021)  
• “U.S. Supreme Court Rules Georgia’s Official Annotated Code Outside the Scope of Copyright Protection Under ‘Government Edicts” Doctrine,’ IP Law Watch (April 2020)
• “U.S. Supreme Court Holds Copyright Remedy Classification Act of 1990 Does Not Abrogate State Sovereign Immunity for Copyright Infringement: Allen v. Cooper,” IP Law Watch (March 2020)
• “Provisions for Resolving License Disputes: Substantive and Procedural Considerations” Licensing Law Update (Wolters Kluwer, Jan. 2020)
• “Provisions for Resolving License Disputes: Substantive and Procedural Considerations and Sample Clauses,” The Licensing Journal (Wolters Kluwer, Feb. 2019)
• “Copyright Law of China” in IP Protection in China, American Bar Association (co-author, 2015)
• "Personal, Noncommercial File Sharing of Copyrighted Music is Not a Fair Use," Annual Review of Intellectual Property Law Developments - 2010 (American Bar Association 2011)
• “Cloud Computing: Recent Cases and Anticipating New Types of Claims,” The Computer & Internet Lawyer (Jan. 2011)
• "Changing Legal Rules for US and UK Information Technology Contracts," BITKOM Newsline (published in German), May 2010
• "How Using Open-Source Software Can Affect Your Company's Value," CIO Magazine, January 2010
• “Open Source Software” section in Annual Review of Intellectual Property Law Developments - 2006-2008 (American Bar Association 2009)
• Contributions to “Anti-Circumvention” and “Copyright Infringement” sections in the Annual Review of Intellectual Property Law Developments - 2009 (American Bar Association 2010)
• “Copyright Basics,” King County Bar Association, 2006
• “Selling the Business? Prepare for 200 Questions (Acquisitions Due Diligence),” Puget Sound Business Journal, 2006
• “Developments in the Law Concerning Online Trademark Uses and Contextual Advertising,” report to the American Bar Association Section on Intellectual Property Law, 2006 and 2007
• “Liability for File Sharing Software,” Computer Law Review International, 2005
• “U.S. Supreme Court Rules Companies Promoting Infringing Uses Of A Product Or Service As Principal Or Primary Use Are Liable For Copyright Infringement,” analysis of June 27, 2005 Grokster decision, Preston Gates E-Alert, 2005
• “Judgments,” in Business and Commercial Litigation in the Federal Courts, Thomson/West 2005, and annual Updates (through 2010) (with F. Tausend and D. Binney)
• “Avoiding Legal Landmines in Software Development and Licensing,” ExecBlueprints, Books24x7, 2005
• “Privacy – Adjusting to Changes in Technology,” ExecBlueprints, Books 24x7, 2005
• “Technology Law in Action,” Inside The Minds: The Laws Behind Technology – Leading Lawyers on the Legal Aspects of Patents, Software Licensing, Telecommunications, & More, 2004
• “Developments in the Law Concerning Databases,” report to the American Bar Association Section on Intellectual Property Law, 2003-2004
• “Developments in the Law Concerning Computer Programs,” report to the American Bar Association Section on Intellectual Property Law, 2001-2003
• Copyright chapter in Intellectual Property for Non-Specialists Deskbook, King County Bar Association, 2003
• “Enforceability of Foreign Court Decisions – Yahoo! v. La Ligue Contre Le Racisme,” Computer Law Review International, 2002
• “Software and Data Licensing,” in Internet Law for the Business Lawyer, American Bar Association, 2001 (with D. Daggett and M. Williamson)
• “Natural Resources, Energy and Environmental Law in Review - Oil and Gas Exploration and Production – Legislative, Judicial and Administrative Developments in Alaska,” American Bar Association, 1993-1998
• “Economic Methodologies for Valuing Natural Resource Damages,” in Natural Resource Damages, Government Institutes, 1993