Copyright Law Courses

3 credits

This course will give you an introduction to copyright, including a foundation in the theories underlying copyright law, an understanding of the current contours of copyright protection, the basic elements of proving infringement, the fair use defense to and remedies for infringement, and familiarity with related forms of liability such as secondary and vicarious liability. Each class meeting will consist of a combination of lecture and class discussion. Our discussions will sometimes focus on dissecting a landmark case and other times on working through the dynamics of a transaction or a policy question based on your reading. We'll also work through hypotheticals based on real-world examples and explore scenarios that will require you to think from a variety of different perspectives. Grading will be based on class participation (15%) and a 3-hour, open book, final exam.

4 credits

Copyright law is a federal statutory regime that connects to crucial issues in culture, competition, and science. Copyright's rules deeply affect literature, music, visual art, software, information, entertainment, and how the internet operates. In addition to its substantive coverage, the course will train you in how to interpret and apply a complex statute and its judicial overlay. The course covers several topics. (1) A central issue is how to construe the exclusive rights that federal copyright law grants to creators of "original works of authorship". These include rights over copying, rights to control public performance, and rights over the public's ability to adapt existing works to new purposes. The course will also address (2) the subject-matters eligible for federal copyright, including the special difficulties posed by works that-- like computer programs or furniture design -- have 'functions' beyond conveying information and affecting human perceptions. Also on offer will be investigating (3) the nature of an infringement action, (4) the policies served and dis-served by copyright, and (5) the limitations and exceptions to copyright (such as the doctrine of "fair use") which can protect free speech and other goals from copyright over-reach. The course also examines some state rights, such as the 'right of publicity' and 'hot news misappropriation'. The course particularly explores how these state-law doctrines interact with, or are pre-empted by, federal copyright law. GRADING NOTICE: This class will not offer the CR/NC/H option.

3 credits

This seminar will focus on the varied legal and business doctrines that influence the practice of entertainment law. Some of the primary topics include copyright and trademark protection and enforcement; defamation and freedom of speech; privacy and publicity rights; social media; licensing and merchandising entertainment properties; and other general contractual relations within the entertainment industry. The course will also examine the practical aspects of entertainment law, such as client counseling and negotiations and contract drafting. There will be no final exam. Grades will be based upon papers and class participation. NOTES: This class may not be used to satisfy the upper-class writing requirement. ENROLLMENT LIMIT: 18 students. GRADING NOTICE: This class does not offer the CR/NC/H option. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

3 credits

Practice Areas: Intellectual Property and Corporate Finance This course is one of the semester-long transaction simulations offered as part of the Transactional Law Program and satisfies the Transaction Simulation requirement of the Transactional Practice Concentration. The course will cover matters and transactions engaged in by a startup company (the "Company") seeking to disrupt the music industry with a new music streaming platform. During this course, students will play the role of a transactional intellectual property attorney, advising the Company on several key strategic intellectual property decisions and matters in connection with launching its music streaming service. Some of these lawyering tasks will be foundational, such as advising the Company in selecting a strong trademark and deciding which open source software to use as the base of its otherwise proprietary software. Other tasks will focus on the key music licensing hurdles for the Company, including advising the Company on music licenses it will need to stream music and launch an advertising campaign. Later in the semester, students will work on a proposed equity investment in the Company, representing either the Company or the investor. The course also addresses various ethical issues that may arise in connection with these types of matters and transactions and in transactional practice generally. CLASS SIZE: Limited to 12 students. PREREQUISITE: IP Survey Course OR at least two of the following courses; Patent Law, Copyright Law, or Trademark Law. Contract Drafting is recommended, but not required. NOTES: This course counts toward the 6 credit Experiential Learning requirement and also satisfies the Transaction Simulation requirement of the Transactional Practice Concentration. GRADING NOTICE: This course does not offer the CR/NC/H option. ATTENDANCE REQUIREMENT: A student who fails to attend the first class or to obtain permission to be absent from either the instructor or the Registrar will be administratively dropped from the course. Students who are on the wait list are required to attend the first class to be considered for enrollment. Because the course involves regular in-class exercises, some of which are done in teams, and class participation is a significant component of a student's final grade, regular class attendance is essential and thus the course normally does not accommodate flexibility in attendance.