Disclosure of Financial Interests

I sometimes write articles or make public presentations advocating particular interpretations or modifications of legal rules. In addition, I sometimes provide advice to government agencies in the United States and in other countries concerning how their laws or policies might be improved. When doing so, I always strive to offer unbiased recommendations. However, I occasionally have financial interests that might be affected by the reforms I advocate. To minimize the risk of bias in such situations, and to help my audiences decide how much weight my recommendations deserve, I will strive on this page to disclose all forms of financial compensation I have in the past received – or could in the future receive – that might taint my judgment.

Currently, most of my work falls into five major categories. First, I am exploring ways in which legal rules might be modified so as (a) to stimulate the development of drugs that address the diseases that afflict poor countries and then (b) to make those drugs more widely available. See Drugs, Law, and the Health Crisis in the Developing World. In a few instances, I have given presentations concerning my ideas to pharmaceutical companies or their executives. However, I have never been compensated by any of those companies or by any other firm whose revenues might be affected by my recommendations.

Second, I am one of a group of lawyers who represent Shepard Fairey in a copyright dispute with the Associated Press. Here too, I have no relevant financial interests. I am providing my representation pro bono, and I have not been paid by any of the organizations to which I have made presentations concerning my work in this area.

Third, I have written about, and still sometimes make public presentations about, ways in which the rules affecting the entertainment industry might be reformed so as to capitalize on the potential economic and cultural benefits of the technologies that are transforming that industry while simultaneously ensuring that the creators of recorded entertainment are fairly compensated. In this context, I do have (or have in the past had) some relevant financial interests. Specifically:

• In 2002, I was paid for work I did as an expert witness in a copyright royalty arbitration proceeding, in which I testified on behalf of a large group of webcasters. (For an earlier discussion of my work on behalf of the webcasters, see Promises to Keep, Chapter 3.)
• In 2004, I was paid to give two speeches to the executives of SAP concerning the future of the entertainment industry.
• Between 2004 and 2006, I was paid for advice I provided to a group of lawyers representing Bertelsmann A.G. in a copyright suit arising out of a loan that Bertelsmann had made to Napster.
• In 2006, I was paid by HBO to provide its legal staff advice concerning the challenges they were facing.
• In 2007, I was paid for work I did as an expert witness in a copyright royalty board proceeding, in which I submitted testimony on behalf of Sirius and XM.
• I have provided advice to Radiotime, a firm exploring ways of increasing the flexibility with which listeners can gain access to radio broadcasts. In return, I was given some stock options in the firm. I have never received any compensation from Radiotime, but might in the future.
• Last but not least, in 2007 I helped found Noank Media, Inc., a startup company that seeks to implement the second best of the systems for distributing audio and video recordings that, in chapter 6 of Promises to Keep (2004), I contended could be employed to resolve the crisis in the entertainment industry. The largest shareholder in the company is Harvard University, but I also own shares in the company. I have never received any revenue or other compensation from the company and have no prospect of doing so in the near future. But, if the company succeeds, I might. I always disclose this fact when presenting lectures or providing advice that affects music industry.

Fourth, I oversee the development and periodic revision of a digital curriculum designed to teach librarians in developing countries about copyright law. I sometimes give public presentations to librarians or other groups considering adopting this curriculum. I have not been and will not be compensated for this work.

Finally, for seven years I have been the faculty director of the Berkman Center for Internet and Society. For my work in that capacity, I am paid by Harvard University an annual stipend. All financial contributions to the Berkman Center are listed on the disclosure page of the center – along with the projects to which they are applied. I do not receive any financial benefit from any of those contributions.

I will update this page whenever my financial interests change materially.

William Fisher

June 2010