Xiyin Tang

Professor of Law

  • B.A. Columbia University, 2009
  • J.D. Yale Law School, 2012
  • UCLA Faculty Since 2020

Xiyin Tang is a Professor of Law at UCLA School of Law. She has previously served as a lead counsel for Facebook and an associate at Mayer Brown LLP and Skadden Arps Slate Meagher & Flom LLP, where she worked on a variety of transactional and litigation matters in the technology, media, and entertainment sectors.

Tang’s research focuses on the roles that technological evolution and new modes of dissemination play in the law of intellectual property. Her current research addresses how IP laws should respond to artificial intelligence and its effect on creative labor markets. Past writings have addressed the use of both public and private mechanisms—in the form of class action litigation and confidential contracts, respectively—​as responses to mass digitization and, with it, potentially, mass infringement.​Her publications have appeared or are forthcoming in the Columbia Law Review, Michigan Law Review, NYU Law Review, and Yale Law Journal, among others.

Tang received her B.A. in English Literature and Creative Writing summa cum laude from Columbia University. She received her J.D. from Yale Law School, where she received the Neale M. Albert Prize for Best Paper on Art Law and twice received the Nathan Burkan Memorial Prize for Best Paper on Copyright Law. During law school, Tang served as Editor-in-Chief of the Yale Journal of Law and Technology.

View Professor Tang's CV.

Bibliography

  • Articles And Chapters
    • Privatizing Copyright, 121 Mich. L. Rev. 753 (2023). Full Text
    • The Class Action as Licensing and Reform Device, 122 Colum.L.Rev. 1627 (2022). Full Text
    • Copyright's Techno-Pessimist Creep, 90 Fordham Law Review 1151 (2021). Full Text
    • Can Copyright Holders Do Harm To Their Own Works? A Reverse Theory of Fair Use Market Harm, 54 U.C. Davis Law Review 1245 (2021). Full Text
    • Consumer Expropriation of Aesthetically Functional Trade Dress: Results from a Randomized Experiment (with Ian Ayres), 93 Southern California Law Review 1189 (2020). Full Text
    • Copyright in the Expanded Field: On Land Art and Other New Mediums, in Non-Conventional Copyright: Do New and Atypical Works Deserve Protection?, (edited by Enrico Bonadio and Nicola Lucchi, Edgar Elgar Publishing, 2018).
    • Against Fair Use: The Case for a Genericness Defense in Expressive Trademark Uses, 101 Iowa Law Review 1949 (2016). Full Text
    • Copyright and Cultural Capital, 66 Rutgers Law Review 425 (2014). Full Text
    • Copyright in the Expanded Field, 42 Hofstra Law Review 945 (2014). Full Text
    • Shame: A Different Criminal Law Proposal for Bullies, 61 Cleveland State Law Review 649 (2013). Full Text
    • The Perverse Logic of Teen Sexting Prosecutions (and How to Stop It), 19 Boston University Journal of Science & Technology Law 106 (2013). Full Text
    • Narrativizing the Architectural Copyright Act: Another View of the Cathedral, 21 Texas Intellectual Property Law Journal 33 (2013). Full Text
    • Note, The Artist as Brand: Toward a Trademark Conception of Moral Rights, 122 Yale Law Journal 218 (2012). Full Text
    • That Old Thing, Copyright…: Reconciling the Postmodern Paradox in the Digital Age, 39 AIPLA Quarterly 71 (2011). Full Text
  • Other
    • 5Pointz Ruling Explores “Moral Rights” Copyright Damages, LAW360 (Mar. 28, 2018). Full Text