Outside Policy Counsel, Internet Archive

Lila Bailey

Lila Bailey is Policy Counsel for the Internet Archive where she advises on the complex legal and policy issues associated with democratizing access to knowledge. She is also a lecturer at Berkeley Law, most recently teaching a course in the Fundamentals of Internet Law.

Prior to becoming the Internet Archive’s in-house counsel, Bailey was the founder and principal attorney at The Law Office of Lila Bailey, specializing in digital copyright and privacy issues for individual entrepreneurs and creators, early stage startups, Internet platforms, and libraries. From 2011-2013, Bailey was a Clinical Teaching Fellow at Berkeley’s Samuelson Law, Technology & Public Policy Clinic, where she managed and mentored student attorneys as they tackled cutting edge work in public interest technology law and policy. Bailey’s work there included advising a Civil Rights group on the copyright issues involved in making historical materials available in digital form, working on privacy issues associated with California’s “smart” electricity grid, and drafted a white paper on the benefits of flexible copyright exceptions and limitations for libraries outside the U.S.

Prior to this, Bailey was counsel for Creative Commons, a nonprofit organization offering open copyright licenses that allow the sharing of creative works under flexible licensing terms. In this capacity, Bailey worked with the Open Educational Resources community, to make high-quality educational materials freely available under terms that allow anyone, anywhere, to access, customize, and share those resources via the Internet. Bailey held an Intellectual Property Fellowship with the Electronic Frontier Foundation in 2007, helping Internet users push back against abusive DMCA takedown notices and supporting EFF staff on the early stages of the Lenz v. Universal Music Group case (a.k.a. “the Dancing Baby case”). Bailey served as an associate at Perkins Coie, where she worked on copyright, patent, and trademark litigation. In 2006, she won the firm-wide Pro Bono Leadership Award for billing over 600 pro bono hours for the Internet Archive.

Bailey is a frequent speaker on digital copyright issues nationwide. She received her JD from Berkeley Law and her bachelor’s degree in Philosophy from Brown University.