Mark A. Fischer

Duane Morris LLP
100 High Street, Suite 2400
Boston, MA 02110-1724

Phone: +1 857 488 4266
Fax: +1 857 401 3053

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Mark A. Fischer


Mark A. Fischer's law practice is focused on solving problems and making deals for innovative companies, institutions and individuals. Mr. Fischer's clients are typically in the creative, entrepreneurial industries such as new media; social networking; music; interactive entertainment; information technology; software; data; music; motion pictures; television; publishing; fashion, jewelry, and industrial design; toys; and scientific, technical and medical content. He has particular experience in U.S. and international copyright, entertainment law, licensing, celebrity representation, copyright litigation, arbitration, patent licensing, open source, privacy and trademarks. His technology and software work includes licenses and reseller and distribution agreements. He also has considerable experience in the food and beverage industries and the biotechnology and medical industries. His work in the technology, medical and life sciences industries involves counseling on "big data" ownership and control issues, privacy law and regulation, and the HIPAA data responsibilities. He frequently advises companies on innovative ways to use and protect data online.

Mr. Fischer teaches Advanced Copyright at Suffolk University Law School and has previously served as an adjunct faculty member, teaching intellectual property and entertainment law courses, at Berklee College of Music, Boston College Law School, Northeastern University School of Law and New England School of Law. He is editor of the Duane Morris New Media and Entertainment Law blog.

Mr. Fischer is a 1980 graduate of Boston College Law School and a magna cum laude graduate of Emerson College.

Areas of Practice

  • Intellectual Property Law
  • Copyright Law and Litigation
  • Corporate and Licensing Transactions


  • Massachusetts
  • New York
  • U.S. Court of Appeals for the First Circuit
  • U.S. District Court for the District of Massachusetts


  • Boston College Law School, J.D., 1980
  • Emerson College, B.A., magna cum laude, 1975


  • Duane Morris LLP
    - Partner, 2010-present
  • Suffolk University School of Law, Advanced Copyright, Adjunct Professor, 2000-present
  • Fish & Richardson, P.C.
    - Principal, 2002-2010
  • Palmer & Dodge LLP
    - Partner, 1996-2003
  • Wolf Greenfield & Sacks, PC
    - Partner, 1986-1996
  • Cohen & Burg PC
    - Of Counsel, 1981-1985
  • Berklee College of Music, Associate Professor, Legal Aspects of the Music Business, 1989-1995
  • Boston College Law School, Lecturer, Copyright and Trademark Law, 1990-1992
  • New England School of Law, Adjunct Lecturer, Entertainment Law, 1986-1989
  • Northeastern University School of law, Intellectual Property Law, Adjunct Lecturer, 1986

Professional Activities

  • American Bar Association
  • Boston Bar Association
  • Copyright Society of New England (Co-founder)
  • Copyright Society of the U.S.A.
    - Trustee
    - Member, Executive Committee
    - Co-chair, New England Chapter

Honors and Awards

  • Chosen as a 2014 ALM Top Rated Lawyer in Intellectual Property
  • Listed in The Best Lawyers in America,1993-2015
  • Listed in Massachusetts Super Lawyers, 2004-2014
  • AV® Preeminent™ Peer Review Rated by Martindale-Hubbell

Civic and Charitable Activities

  • Clerk, BioBricks Foundation, Inc.
  • Member, Board of Overseers, Institute of Contemporary Art, Boston
  • Member, Board of Advisors, Women in Comedy Festival

Selected Publications

Selected Speaking Engagements

  • Panelist, "Authorship in a Digital World: How to Make it Thrive," Cambridge, Massachusetts, October 30, 2014
  • Speaker,"Venture Day Berlin 2014", Berlin, Germany, October 24, 2014
  • Speaker, "Copyright and Trademark Law in the US and Latin America", Boston Bar Association, Boston, September 23,2014
  • Moderator, "Entrepreneurship & Innovation," Mass Media Expo, Boston, September 6, 2014
  • Speaker, "Record Deals," Berklee College of Music Business of Music Program, Boston, June 20-21, 2014
  • Chairperson, 17th Annual New England Intellectual Property Conference, Massachusetts Continuing Legal Education, June 19, 2014
  • Speaker, "Movies - A Global Passion," World IP Day 2014, Boston, April 24, 2014
  • Panelist, "Timing is Everything: Planned Giving of Digital Works of Art," Institute of Contemporary Art, April 10, 2014
  • Speaker, "Museum Law in a Digital World," Boston Bar Association, April 10, 2014
  • Moderator, "The Rise of Fair Use," Copyright Society of the U.S.A., N.E. Chapter, February 27, 2014
  • Panelist, "Navigating the Murky Minefield of Digital Licensing," Rethink Music Venture Day, Berklee College of Music, Berlin, October 24, 2013
  • Panelist, "The Boston/Cambridge Technology Scene," sponsored by the Law Society of England and Wales, Cambridge, Massachusetts, October 8, 2013
  • "Museums and Intellectual Property in a Digital World," American Alliance of Museums Webinar, July 17, 2013
  • "Copyright Law 2013," Massachusetts Continuing Legal Education (MCLE) 16th Annual Intellectual Property Law Conference, Boston, June 12, 2013
  • "Two Sides of Fair Use: In the University and in the Patent Office," Copyright Society of the U.S.A., N.E. Chapter, April 18, 2013
  • "Whose Evil Empire Is It? User-Generated Nicknames and the Yankees," Webinar, West Legal Educenter, part of Thomson Reuters, March 21, 2013
  • "Music: Money Matters," Boston Bar Association Arts, Entertainment & Sports Law Section, March 15, 2013
  • "Open Source as Social Networking: Community and Contract in Intellectual Property Law," Yale Law School Information Society Project, New Haven, Connecticut, March 4, 2013
  • Speaker, Entertainment Law Panel, Suffolk University Law School's Sports and Entertainment Law Association, Boston, November 28, 2012
  • Guest on "ReDigi Faces Lawsuit For Helping Consumers Resell MP3s," Radio Boston, WBUR 90.9, July 3, 2012
  • Panelist, "Managing IP in Complex Deal Structures," CoDev 2012, La Jolla, California, February 15, 2012
  • Panelist, International IP Law Silk Road Conference - Harvard Project for Asian and International Relations, February 20, 2012
  • Panelist, "Managing IP in Complex Deal Structures," The Management Roundtable's Eleventh Annual Conference on Co-Development and Open Innovation, La Jolla, California, February 13-15, 2012
  • Panel Chair, "Open Source Licensing," Harvard Law School CSEL Symposium, November 12, 2011
  • Speaker, "Copyright, Trademark and Licensing Basics for Emerging Companies (and Their Websites)," Mass Challenge, Boston, September 7, 2011
  • Speaker, "Kim Kardashian and the Right of Publicity," Legal Talk Network, August 24, 2011
  • SB 5.0 Workshop on "Tools for Synthetic Biology" on the BioBricks Open Source Public Agreement, Palo Alto, June 7, 2011
  • Speaker, "Copyright and The Hangover 2," Legal Talk Network Podcast, May 31, 2011
  • Panelist, "The Current State of Copyright Law," Rethink Music Conference (Berklee College of Music/Midem), April 27, 2011
  • Speaker, "Hot Topics in Copyright Law," The Latest Developments in IP Law, Suffolk University Law School, Boston, February 4, 2011
  • Speaker, "The Visual Artists Rights Act of 1990," Legal Talk Network Podcast, December 6, 2010
  • Moderator of the film/TV panel, "The Next Big Thing: Emerging Issues in Entertainment Law," Harvard Law School, Boston, November 12, 2010
  • Speaker, "The Innovative Design Protection and Piracy Prevention Act," Legal Talk Network Podcast, October 20, 2010
  • Speaker, "The SPEECH Act," Legal Talk Network Podcast, October 20, 2010
  • Panelist, "Copyright, Education and The National Broadband Plan," Ball State University, Indiana, October 15, 2010
  • Presenter, "Don't Ask, Don't Pay: Recent Fair Use Cases and Developments," Boston Bar Association program, Boston, Massachusetts, September 8, 2010
  • Presenter, "The Year in Copyright and New Media," Intellectual Property Section of the Dallas Bar Association, February 26, 2010
  • Participant, "The Life of a Music Lawyer and Beyond," Berklee College of Music, November 17, 2009
  • Moderator, social networking panel at the Digital Media Conference West, San Francisco, California, October 28, 2009
  • Webinar, "Facebook, Twitter, Blogs & IP: Protect Your Rights in a Virtual World," National Constitution Center Conferences, July 2009
  • Moderator, "Breaking Down Social Media: Opportunities & Challenges for Content Owners, Brands & Marketers," Digital Media Wire's Digital Media Conference East, June 2009
  • Presenter, "Practical Copyright Issues," University of Texas 2009 Technology Law Conference, Austin, Texas, May 2009
  • Moderator, "What Changes Are Needed to Reform the Digital Copyright System?" Digital Music Forum East, New York City, March 2009
  • Presenter, "Copyright Remedies," Boston Patent Law Association, Boston, Massachusetts, 2009