Foundational Courses

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.

4 credits

In our modern information economy, the law of intellectual property has taken on enormous importance to both creators and users. This course introduces students to the principles of trade secret, patent, copyright, and trademark law, and explores the ways in which those principles are shifting and adapting in response to new technology. The course is open to all upper level students, without prerequisite. No scientific or technical background is required.

3 credits

The basic questions in patent law are: why should society grant inventors a right to exclude others from using a patented invention? Who should be given the right? What is the scope of the right? How should the right be enforced? What disclosure duties should be placed on the patent holder? We will concentrate on these legal issues without getting mired in discussions of the technical details of particular inventions. Students without a technical background are welcome and encouraged to enroll.

3 credits

This course will examine the principles of trademark and unfair competition law. We will investigate issues of ownership, protectability, and infringement in the context of words, symbols, slogans, product design and other forms of trade dress. We will explore the policy reasons for protecting marks and the limiting principles that protect competition, speech, and other interests. The course also will include a brief introduction to false advertising and the state law right of publicity. GRADING NOTICE: This course does not offer the CR/NC/H option.