Advanced Copyright Seminar
Professor Lydia Loren
Class meets Wednesday 6:00 - 8:00 in the Smith Seminar Room in Wood Hall
From the Course Description:
In addition to reading and discussing class materials, each student is required to research and write an analytical paper on a seminar-related topic of his/her choosing. Students are required to rewrite their papers in response to comments on their first drafts. Students may thus satisfy the "A" paper writing requirement through this seminar. As this course is a seminar, each student also will be responsible for leading a discussion related to their paper topic. Class attendance, participation in discussion, and leading discussion will form a part of the student�s grade for the course.
Reading Assignments will be posted on this website no later than the Friday before each class meeting.
January 14
Read one (you pick) of the following:
1. William M. Landes and Richard A. Posner, The Economic Structure of Intellectual Property Law (2003) -- read Chapter 2: How to Think About Copyright pp. 37-60. Book is on reserve in library. A few copies of these pages are outside my office door.
2. William M. Landes and Richard A. Posner, An Economic Analysis of Copyright Law, 18 J. Leg. Stud. 325 (1989) (we will focus on the sections of this article that are excerpted at http://cyber.law. harvard.edu/IPCoop/ 89land1.html; a complete copy of the article can be accessed electronically through the HeinOnline or JSTOR databases, via the Law Library databases homepage: http://lawlib.lclark. edu/research/dbs_indexes. php)
January 21
Read Both:
1. John Tehranian, Infringement Nation: Copyright Reform and the Law/Norm Gap (2007) available on SSRN (click the download link near the top of the page). Subsequently published as An Unhurried View of Copyright Reform: Bridging the Law/Norm Gap, 2007 Utah Law Review 537. Read either version.
2. Mark Schultz, Fear and Norms and Rock & Roll: What Jambands Can Teach Us about Persuading People to Obey Copyright Law (2006) available on SSRN (click the download link near the top of the page). Published in and available from the Berkeley Technology Law Journal. Note, this is a long article. I do not expect you to read the footnotes except, of course, when you find them interesting!
January 28
TOPIC: Copyright Management Information
Read both:
1. Read 17 U.S.C. 1202, focus on subsections (a)-(d)
2. IQ Group v. Weisner, 409 F.Supp.2d 587 (D.N.J. 2006) - pull from westlaw or lexis, or from web: here (note: the west reporter version is about 10 pages of reading)
February 4
TOPIC: Google book scanning settlement
Read the following:
1. Read the summary of the settlement sent via email to the class list.
2. Spend 1 hour reviewing documents available at the settlement website:
http://books.google. com/booksrightsholders/ and thinking about the settlement from the perspective of the different constituencies affected: authors, publishers, libraries, uses/consumers/readers, google, and other search engines. Follow through on the aspect(s) of the settlement that interest you most.
February 11 (no Class -- Judge Leval lecture on 2/10 at 6:00)
February 18
First Hour Topic: Cablevision
Student: Rob Erickson
Packet of material, includes an edited version of the Second Circuit's decision, an excerpt from the cert. petition, and an excerpt from an amicus brief
Second Hour Topic: Negative Spaces in Copyright
Student: Blake Fry
Read Chapter 9 of James Boyle, The Public Domain: Enclosing the Commons of the Mind (Yale University Press 2008)
February 25
Student Discussion Leaders: Casey Charles, Travis Huisman, and David Niegowski
TOPIC: User Generated Content (UGC)
1. Interaction with website Terms of Service: Read excerpt from Bragg v. Linden Labs and then review the terms of service at Star Wars MashUps
2. 512(c)Notice and takedowns:
-Read excerpt from Viacom v. YouTube litigation protective order
-Read excerpt from Io v Veoh Networks, Inc., 586 F. Supp.2d 1132 (N.D.Cal. 2008)
March 4
TOPIC: Technological Protections and the Anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA)
Student Discussion Leaders: Jay Smith-Hall and Jamie Babcock
1. Reichman, Dinwoodie, and Samuelson, A Reverse Notice and Takedown Regime to Enable Public Interest Uses of Technically Protected Copyrighted Works, 22 Berkeley Technology Law Journal 981 (2007). Read Parts I-III only.
Available through Westlaw, Lexis, or EBSCO (you will need your lclark.edu id and password).
2. Moseng, The Failures And Possible Redemption Of The DMCA Anticircumvention Rule-Making Provision, 12 Journal of Technology Law & Policy 333 (2007). Read up through section IIIa.
Article is available on Westlaw, Lexis, or through HeinOnline. (you will need your lclark.edu id and passowrd -- once at this page, scroll down and find page 333 highlighted!).
March 11
TOPIC: Visual Art and Derivative Works
Discussion leaders: Andrew Ginis & Michael Andri
1. Visual Artists Rights Act and artwork incorporated into buildings: Reading packet
2. Excerpts from: Rogers v. Koons, 960 F.2d 301 (2nd Cir. 1992) and Mattel Inc. v. Walking Mountain Productions, 353 F.3d 792 (9th Cir. 2003)
March 18
TOPIC: Open Source and the GPL
Discussion leaders: Robert Insley and Nate Fieweger
1. Ron Phillips, Deadly Combinations: A Framework for Analyzing the GPL’s Viral Effect, 25 J. Marshall J. Computer & Info. L. 487 (2008). This article is relatively new so it is only available on Westlaw and Lexis. Please pull a copy of it from there. The westlaw citation is: 25 JMARJCIL 487
2. Jacobsen v. Katzer, 535 F.3d 1373 (Fed. Cir. 2008), or pull from westlaw, lexis, etc.
3. Who has standing? 17 U.S.C. 501(b).
Review the early history of the creation of the GIMP open source program with the standing question in mind.
March 25 (Spring Break)
April 1
Topic 1: Statutory Damages & Attorney Fees
Discussion leader: Colleen Shovelin
1. Derek Andrew, Inc. v. Poof Apparel Corp., 528 F.3d 696 (9th Cir. 2008)
pdf or pull off westlaw, lexis, etc.
Topic 2: Would reducing the duration of the copyright term constitute a "taking" of property under the Fifth Amendment?
Discussion leader: Daniel Hastings
1. Testimony of Professor Eugene Volokh pdf
2. Ruckelshause v. Monsanto, 104 S. Ct. 2862 (1984) -- focus on parts III -V (pages 2871-2879) pdf or pull formatted case off of westlaw, etc.
April 8
Topic 1: Termination of Transfers and Sound Recordings
Discussion leader: John Rankin
1. Abbott Marie Jones, Get Ready Cause Here They Come: A Look at Problems on the Horizon for Authorship and Termination Rights in Sound Recordings 31 Hastings Comm. & Ent L.J. 127 (2008). Please read pages 127-138 and 140-143. Available online through Hein Online or westlaw and lexis.
2. Kathryn Starshak, It's the End of the World As Musicians Know It, Or Is It? Artists Battle the Record Industry and Congress To Restore Their Termination Rights in Sound Recordings, 51 DePaul L. Rev. 71 (2001). Please read only pages 107-112 (Parts C and D). Available through Hein Online
Topic 2: Digital First Sale Issues
Discussion leader: Ryan Lu
1. 17 U.S.C. 109
2. Anthony Reese, The First Sale Doctrine in the Era of Digital Networks, 44 Boston College Law Review 577 (2003). Read the introduction 577-80, skim parts I & II, read part IV pp 616-644.
April 15 (class evaluation day)
Topic 1: Karaoke and Music Copyrights
Discussion leader: Jovanna Schussel
1. Leadsinger v. BMG Music Publishing, 512 F.2d 522 (9th Cir. 2008) edited version.
2. Rob Drew, Karaoke Nights: An Ethnographic Rhapsody pp. 12-24 (2001) (copies also available outside my door)
Topic 2: Music Sampling
Discussion leader: Joanna Posey
1. David M. Morrison, Bridgeport Redux: Digital Sampling and Audience Recoding, 19 Fordham Int. Prop. Media and Ent. L. J. 75 (2008). Read Part II, sections C & D pp. 94-105.
2. Bridgeport Music v. Dimension Films,410 F. 3d 792 (6th Cir. 2005). Read Part II A & B.
3. www.recreatingsamples.com - Click on the "audioclip" tabs and listen to a few of the sound-alike samples for sale.
April 23 (last class meeting)
File Sharing and the Future of Copyright
Discussion Leaders: Jen Levy & Kerry Snyder
1. Matthew Sag, Piracy: Twelve Year-Olds, Grandmothers, and Other Good Targets for the Recording Industry's File Sharing Litigation, Northwestern J. of Tech. & I.P. 133 (2006). Read the introduction and then focus on paragraphs 19-37 & 49-52
2. SKIM: RIAA v. The People, EFF White Paper (2008)
3. David Kravetz, Feds Demand Time for Guns N Roses Uploader, Wired (March 13, 2009)
4. SKIM: IFPI Digital Music Report 2009 If the link is not working (as of Tuesday afternoon the pdf version had disappeared from the IFPI's website) check out the summary and the statistics in the html version
5. Julie E. Cohen, The Place of the User in Copyright Law, 74 Fordham L. Rev. 347-374 (2005) HeinOnline or SSRN
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