Pierre Nelson Leval (born September 4, 1936) is a

senior Senior (shortened as Sr.) means "the elder" in Latin and is often used as a suffix for the elder of two or more people in the same family with the same given name, usually a parent or grandparent. It may also refer to: * Senior (name), a surname ...

United States circuit judge of the

United States Court of Appeals for the Second Circuit The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory covers the states of Connecticut, New York (state), New York, and Vermont, and it has ap ...

. At the time of his appointment by President

Bill Clinton William Jefferson Clinton (né Blythe III; born August 19, 1946) is an American politician and lawyer who was the 42nd president of the United States from 1993 to 2001. A member of the Democratic Party (United States), Democratic Party, ...

in 1993, he was a United States district judge of the

United States District Court for the Southern District of New York The United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a federal trial court whose geographic jurisdiction encompasses eight counties of the State of New York. Two of these are in New York Ci ...

Early life and education

Born in New York City, Leval attended The Allen-Stevenson School, and received his

Bachelor of Arts A Bachelor of Arts (abbreviated B.A., BA, A.B. or AB; from the Latin ', ', or ') is the holder of a bachelor's degree awarded for an undergraduate program in the liberal arts, or, in some cases, other disciplines. A Bachelor of Arts deg ...

degree from

Harvard College Harvard College is the undergraduate education, undergraduate college of Harvard University, a Private university, private Ivy League research university in Cambridge, Massachusetts, United States. Part of the Harvard Faculty of Arts and Scienc ...

in 1959 and his

Juris Doctor A Juris Doctor, Doctor of Jurisprudence, or Doctor of Law (JD) is a graduate-entry professional degree that primarily prepares individuals to practice law. In the United States and the Philippines, it is the only qualifying law degree. Other j ...

, ''

magna cum laude Latin honors are a system of Latin phrases used in some colleges and universities to indicate the level of distinction with which an academic degree has been earned. The system is primarily used in the United States. It is also used in some Sout ...

'', in 1963 from

Harvard Law School Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United ...

, where he served as a notes editor of the ''

Harvard Law Review The ''Harvard Law Review'' is a law review published by an independent student group at Harvard Law School. According to the ''Journal Citation Reports'', the ''Harvard Law Review''s 2015 impact factor of 4.979 placed the journal first out of ...

''.

Career

Leval served in the

United States Army The United States Army (USA) is the primary Land warfare, land service branch of the United States Department of Defense. It is designated as the Army of the United States in the United States Constitution.Article II, section 2, clause 1 of th ...

in 1959. He was a

law clerk A law clerk, judicial clerk, or judicial assistant is a person, often a lawyer, who provides direct counsel and assistance to a lawyer or judge by Legal research, researching issues and drafting legal opinions for cases before the court. Judicial ...

for Judge

Henry Friendly Henry Jacob Friendly (July 3, 1903 – March 11, 1986) was an American jurist who served as a United States federal judge, federal circuit judge on the United States Court of Appeals for the Second Circuit from 1959 to 1986, and as the court's Ch ...

of the United States Court of Appeals for the Second Circuit from 1963 until 1964. Leval was an

Assistant United States Attorney An assistant United States attorney (AUSA) is an official career civil service position in the U.S. Department of Justice composed of lawyers working under the U.S. attorney of each U.S. federal judicial district. They represent the federal gov ...

in the Southern District of New York from 1964 until 1968, serving there as chief appellate attorney from 1967 to 1968. From 1969 until 1975, Leval was in private law practice as an associate and then a partner in the New York firm of Cleary, Gottlieb, Steen & Hamilton. He joined the New York County

District Attorney In the United States, a district attorney (DA), county attorney, county prosecutor, state attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or solicitor is the chief prosecutor or chief law enforcement officer represen ...

’s Office in 1975, where he served first as first assistant district attorney, and subsequently as chief assistant district attorney. In 1990, while a District Court Judge, he published "Toward a Fair Use Standard", 103 '' Harv. L. Rev.'' 1105 in the Harvard Law Review. It is a

law review A law review or law journal is a scholarly journal or publication that focuses on legal issues. A law review is a type of legal periodical. Law reviews are a source of research, imbedded with analyzed and referenced legal topics; they also provide ...

article on the

fair use Fair use is a Legal doctrine, doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to bal ...

doctrine in US

copyright A copyright is a type of intellectual property that gives its owner the exclusive legal right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, ...

law. The article argued that the most critical element of the fair use analysis is the transformativeness of a work, the first of the statutory factors listed in the

Copyright Act of 1976 The Copyright Act of 1976 is a United States copyright law and remains the primary basis of copyright law in the United States, as amended by several later enacted copyright provisions. The Act spells out the basic rights of copyright holders, ...

, 17 U.S.C. § 107. Leval's article is cited in ''

Campbell v. Acuff-Rose Music, Inc. ''Campbell v. Acuff-Rose Music, Inc.'', 510 U.S. 569 (1994), was a Supreme Court of the United States, United States Supreme Court copyright law case that established that a commercial parody can qualify as fair use. This case established that the ...

'', a 1994 Supreme Court decision which marked a shift in judicial treatment of fair use toward a

transformativeness In United States copyright law, transformative use or transformation is a type of fair use that builds on a copyrighted work in a different manner or for a different purpose from the original, and thus does not infringe its holder's copyright. Tr ...

analysis and away from emphasizing the "commerciality" analysis of the fourth factor. Prior to Leval's article, the fourth factor had often been described as the most important of the factors.

Federal judicial service

Leval was nominated by President

Jimmy Carter James Earl Carter Jr. (October 1, 1924December 29, 2024) was an American politician and humanitarian who served as the 39th president of the United States from 1977 to 1981. A member of the Democratic Party (United States), Democratic Party ...

on October 17, 1977, to a seat on the

vacated by Judge Dudley Baldwin Bonsal. He was confirmed by the

United States Senate The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...

on October 29, 1977, and received commission on October 31, 1977. During his tenure on the Southern District, he presided over the 1985-87 Pizza Connection Trial, a major prosecution against both the American and

Sicilian Mafia The Sicilian Mafia or Cosa Nostra (, ; "our thing"), also referred to as simply Mafia, is a secret society, criminal society and criminal organization originating on the island of Sicily and dates back to the mid-19th century. Emerging as a form of ...

s and the longest criminal trial in the judicial history of the United States. His service terminated on November 8, 1993, due to elevation to the Second Circuit. Leval was nominated by President

on August 6, 1993, to a seat on the

vacated by Judge George C. Pratt. He was confirmed by the Senate on October 18, 1993, and received commission on October 20, 1993. He assumed senior status on August 16, 2002. Leval was a board member of the

Federal Judicial Center The Federal Judicial Center is the education and research agency of the United States federal courts. It was established by in 1967, at the recommendation of the Judicial Conference of the United States. According to , the main areas of re ...

from 2002 to 2006.

Other service and awards

Leval was a member of the adjunct faculty of the

New York University School of Law The New York University School of Law (NYU Law) is the law school of New York University, a private research university in New York City. Established in 1835, it was the first law school established in New York City and is the oldest survivin ...

. He was awarded the Hillmon Memorial Fellowship by the

University of Wisconsin–Madison The University of Wisconsin–Madison (University of Wisconsin, Wisconsin, UW, UW–Madison, or simply Madison) is a public land-grant research university in Madison, Wisconsin, United States. It was founded in 1848 when Wisconsin achieved st ...

in 1988; the Donald R. Brace Memorial Lectureship by the Copyright Society of the U.S.A. in 1989; the Fowler Harper Memorial Fellowship by

Yale Law School Yale Law School (YLS) is the law school of Yale University, a Private university, private research university in New Haven, Connecticut. It was established in 1824. The 2020–21 acceptance rate was 4%, the lowest of any law school in the United ...

in 1992; the Melville Nimmer Lectureship by

UCLA The University of California, Los Angeles (UCLA) is a public land-grant research university in Los Angeles, California, United States. Its academic roots were established in 1881 as a normal school then known as the southern branch of the C ...

Law School in 1997; the

Learned Hand Billings Learned Hand ( ; January 27, 1872 – August 18, 1961) was an American jurist, lawyer, and judicial philosopher. He served as a federal trial judge on the U.S. District Court for the Southern District of New York from 1909 to 1924 a ...

Medal of the Federal Bar Council in 1997; and the

University of Connecticut The University of Connecticut (UConn) is a public land-grant research university system with its main campus in Storrs, Connecticut, United States. It was founded in 1881 as the Storrs Agricultural School, named after two benefactors. In 1893, ...

School of Law's

Intellectual Property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, co ...

Keynote Lectureship for 2001. He assumed senior status in 2002.

References

External links

* * *"

Toward a Fair Use Standard Toward () is a village near Dunoon, west of Scotland, in the south of the Cowal, Cowal Peninsula. During World War II, the Toward area was a training centre called HMS Brontosaurus, HMS ''Brontosaurus'' also known as the No 2 Combined Training C ...

", 103 ''Harv. L. Rev.'' 1105 (1990) (an influential work of scholarship on the

exception to