Melissa A. Kern
Melissa practices in Frost Brown Todd's Intellectual Property Group. Her practice is focused on negotiating and drafting intellectual property agreements with an emphasis on copyright law, information technology, privacy and information security.
Her practice also involves advising clients, researching and drafting legal memoranda and opinion letters, and providing litigation support and enforcing intellectual property rights, focusing on areas of copyright, licensing, privacy, information security, information technology, publishing, entertainment, electronic contracting (including the Uniform Electronic Transactions Act (UETA) and federal E-SIGN legislation), and Internet law. Melissa regularly files copyright registration applications for her clients with the United States Copyright Office.
Melissa is particularly interested in the intersection of information technology, privacy and education. Her clients include both educational institutions as well as educational service providers. She has advised her education clients regarding adoption and use of online educational services, educational software licensing and services, and student privacy.
During the 2005-2006 school year, Melissa was a Visiting Assistant Professor of Law at the University of Cincinnati College of Law where she taught contract law, copyright law and electronic commerce law.
Prior to joining Frost Brown Todd, Melissa worked at Ernst & Young LLP in Chicago, Illinois, as part of its information technology consulting group.
Highlights & Recognitions
- Certified Information Privacy Professional/United States (CIPP/US), International Association of Privacy Professionals, 2015
Memberships & Affiliations
- American Bar Association
Recent Blog Posts
- Twitter Infringement
- Attention Website Operators and Online Service Providers:
- To Disclose or Not: Search Warrants for Data Stored Overseas
- In Fashion this Season (and also Eligible for Copyright Protection): Graphical Elements of Clothing Designs
- Attention Website Operators and Online Service Providers: It’s Time to Refile Your Designated Agent Information with the U.S. Copyright Office
- Second Circuit Says Federal Warrant Cannot Be Used to Obtain Customer Data Stored Overseas in Cloud
- Post Safe Harbor - What's Next?
- U.S. Department of Education Provides Guidance on Protecting Student Privacy While Using Apps and Online Educational Services
- Supreme Court Rules Aereo’s Streaming Television Service Violates Copyright Law
- Supreme Court Rules Laches No Bar to Monetary Damages for Copyright Infringement Claim
- The Copyright Act's Registration Requirement No Longer "Jurisdictional"
- Radio Stations Expected to Pay to Play Music
- Court Says That Copyright Owners Must Consider Fair Use Prior To Sending Infringement Notice Under The Digital Millennium Copyright Act
Non-FBT Publications and Events
Article: Melissa Kern, Privacy Concerns: Federal laws govern how student data must be protected, American School Board Journal, June 2018 (Article in PDF format can be accessed here.)
Article: Melissa Kern, Student Privacy Online: How to Assess and Manage the Risks of Online Educational Services, American School Board Journal, June 2016, at 62.
Seminar Speaker: OSBA Cyberlaw 2016: Technology and the Law Seminar, Ohio School Board Association, March 18, 2016
Seminar Speaker: Cloud Computing: You're already using it, learn how to maximize it, Goering Center for Family and Private Business, September 6, 2012
Seminar Speaker: Ohio Advertising Law Seminar, Lorman Educational Services, December 9, 2004
Presenter: Intellectual Property Considerations in Advertising, Lexington Advertising Club, March 9, 2005
Note: "Paradigm Shifts and Access Controls: An Economic Analysis of the Anticircumvention Provisions of the Digital Millennium Copyright Act," 35 U. Mich. J. L. Ref. 891 (2002)