Copyright assignments (Fall 2016)

ABOUT ASSIGNMENTS

Assignments

The first four weeks’ assignments are posted below. Projects will begin in September after we have learned enough copyright basics to do projects.

Casebook & Statute book (1909 & 1976 Acts, other materials)

Statutory references to the 1976 and 1909 acts are highlighted in the Joyce casebook. Read all statutes cited in the casebook. They can be found in the statutory supplement to the Joyce casebook. You must have your casebook and statutory supplement with you in each and every class; we will refer to both of them constantly.

Projects

We will do a number of experiential projects, which together will constitute the bulk (70%) (75%) of your score. Examples include:

Class participation and discussion

Class participation is the other component (30%) (25%) of your class score. In addition to attendance and punctuality, participation looks to your participation in group discussion and performance as a discussion leader using the Harkness method of discussion, an approach that places students at the forefront of learning as discussion leaders, and which will help to foster the knowledge and skills underlying copyright law and copyright practice. As a practical matter, this means that learning will often be directed by you, and I will speak up as needed. For every class, there will be two or three discussion leaders. You can find guidance on serving as a discussion leader here. Your designated discussion leader dates will be posted online after the first week of class.

Note on redistribution of scoring

As discussed in class on Nov. 2, we decided as a group to readjust the distribution of scoring since project 2 and 3 were trimmed and combined into project 2 in light of my accident and the classes we missed. So instead of the original 25% class participation and 25%/25%/25% on the three projects, it will be 30% class participation and 30% (project 1) and 40% (redesigned project 2).

WEEK 1 – AUG. 15 & 17

MONDAY, AUG. 15: Introduction to copyright

WEDNESDAY, AUG. 17: Copyright prerequisites (fixation & originality)

  • Starting with today’s class, students will serve as leaders and discussants.
    • Leaders (Michael W.B. & Brianna M.): Prepare thought-provoking questions. Do not ask the “what do you think” question.
    • Discussants: Join the discussion as if you were a co-leader. Bring your own questions to the table.
  • Read all statutes noted in the Joyce CB, especially definitions from section 101 and 102 highlighted on CB page 55 and 72. Statutes can be found in the Joyce statutory supplement.
  • Read pp. 53-89
  • Today I’ll pass out the Attribution handout and form; it must be signed and returned

WEEK 2 – AUG. 22 & 24

MONDAY, AUG. 22: Copyright prerequisites (originality)

  • Leaders: Stephen K. & Patricia P.
  • Read CB pp. 89-119
  • Read Supplement p. 529

WEDNESDAY, AUG. 24: Copyright prerequisites (originality, other considerations, original works of authorship)

  • Leaders: Gracy C. & Karina H.
  • Read all statutes noted in CB, especially statutes highlighted on CB pp. 130, 137
  • Read CB pp. 120-128, 130-33, 135-58
  • Read Supplement pp. 529-31

WEEK 3 – AUG. 29 & 31

MONDAY, AUG. 29 (original works of authorship)

WEDNESDAY, AUG. 31 (derivative works and compilations)

  • Leaders: Justin B. & Daniel G.
  • Read all statutes noted in CB, especially statutes highlighted on CB pp. 221
  • Read CB 220-255
  • Read Supplement p. 531

WEEK 4 – SEPT. 5 & 7

MONDAY, SEPT. 5 (Labor Day)

  • No class

WEDNESDAY, SEPT. 7 (ownership: initial ownership)

  • Note (added 9/5): Alex Valdes from the IP & Cyberlaw Society sent out an email with info on getting free admission to Social Media Week: Miami, which takes place next week in the Miami Ad School in Wynwood. This is a great networking event, especially for those with interests in social media and entertainment. I will be attending several days as well and would enjoy having lunch with any of you at the conference.
  • Leaders: Sammy S. & Cassie Z.
  • Read all statutes noted in CB, especially statutes highlighted on CB p. 258
  • Read CB pp. 257-96

WEEK 5 – SEPT. 12 & 14

Sept. 12: Transfer of ownership, recordation, orphan works

  • Class leaders: Ryan L. & Leonard C.
  • Read CB pp. 296-318
  • Read Executive Summary (pp. 1-8) of 2015 report from U.S. Copyright Office, Orphan Works and Mass Digitizationavailable at http://www.copyright.gov/orphan/reports/orphan-works2015.pdf
  • Read all statutes noted in CB, especially statutes highlighted on CB p. 297 (Copyright Act, sec. 101 “transfer,” 201(d)-(e), 202, 204-05)

Sept. 14: Duration, renewal, restored copyrights

  • Class leaders: Michael B. & Faith M.
  • Read CB pp. 319-39 regarding duration.
  • Skim pp. 339-55 re renewal.
  • Read Supp. p. 533
  • Read all statutes noted in CB, especially statutes highlighted on CB p. 320 (sec. 101 defs noted in CB, 302, 303, 304(a)-(b), 305)
  • Handout: study guide for computing copyright duration. You can find the beta here. You should also see the duration table on CB p. 334.

WEEK 6 – SEPT. 19 & 21

Sep. 19: Copyright registration; the law of registration

  • Class leaders: Alexander B. & Jacqueline R.
  • Today I’ll introduce details on our first project (registration). We’re also skipping ahead in the casebook a little. We’ll get back to skipped sections later.
  • CB pp. 422-46
  • Read all statutes noted in CB, especially statutes highlighted on CB p. 424 (esp. sec. 101 definitions)
  • Familiarize yourself with the Copyright Office website at http://www.copyright.gov. In addition:

Sep. 21: Termination of transfers; factual investigation

  • Added Sept. 19 re project 1:
    • A beta version of project 1 can be found here: Copyright registration
    • For today’s class each person must bring in a work to be lent to me and another classmate who will serve as your project “lawyer.” Your lawyer will prepare a registration form in your name, along with a memo, contracts, and other materials. See the project for further detail.
  • Class leaders: Jean F. B. & Alexander B.
  • CB pp. 363-92
  • Supplement pp. 533-34
  • Read all statutes noted in CB, especially statutes highlighted on CB p. 365 (section 203) and page 369 (section 304(c))

WEEK 7 – SEPT. 26 & 28

Sep. 26: Publication and formalities

  • Note: the assignments may be amended to reflect considerations and materials regarding project 1.
  • Class leaders: Gracy C. & Daniel G.
  • CB pp. 393-422
  • Supp. p. 535
  • Read all statutes noted in CB, especially statutes highlighted on CB pp. 396 and 412. Note that the reference on CB p. 396 to section 304 is in error. It should refer you to section 301.

Sep. 28: Exclusive rights (introduction; reproduction)

  • Class leaders: Brianna M. & Tucker O.
  • CB pp. 447-66, 470-82
  • Read all statutes noted in CB, especially statutes highlighted on CB p. 448 and 457 (particularly section 106)

WEEK 8 – OCT. 3 & 5

Oct. 3: Exclusive rights (adaptation; public distribution)

  • As noted in class, I’ll post more materials to help you with Project 1. I’ll email the group when they are online. In the meantime, I highly recommend that you start considering how you will approach your project and bring any questions you may have to class. Discussing each of your questions as a group will help everyone.
  • Class leaders: Rachael B. & Michael W. B.
  • CB pp. 483-516
  • Supp. p. 537
  • Read all statutes noted in CB, especially statutes highlighted on CB pp. 483, 498 (particularly sections 106 and 109)

Oct. 5: Exclusive rights (public performance)

  • Class leaders: Jean F. B. & Jacqueline R.
  • CB pp. 531-33, 537-51
  • Read the article “Aereo‘s Errors” (free download), http://ssrn.com/abstract=2497705. Consider the Aereo issue as not just an issue of copyright law, but also about statutory drafting, statutory interpretation, and judicial decision-making in the copyright context.
  • Read all statutes noted in CB, especially statutes highlighted on CB pp. 532, 550 (particularly section 101 [def. “perform,” “publicly”])

WEEK 9 – OCT. 10 & 12

No class, cancelled due to Professor’s hospitalization

WEEK 10 – OCT. 17 & 19

Oct. 17 (rescheduled from Oct. 5): Exclusive rights (public performance)

  • Class leaders: Jean F. B. & Jacqueline R.
  • Note that the leader schedule has been pushed forward. I recognize that the updated schedule may create conflicts for some of you. Please email me if the updated schedule creates any problems, and we’ll work the schedule out when we meet as a group.
  • CB pp. 531-33, 537-51
  • Read the article “Aereo‘s Errors” (free download), http://ssrn.com/abstract=2497705. Consider the Aereo issue as not just an issue of copyright law, but also about statutory drafting, statutory interpretation, and judicial decision-making in the copyright context.
  • Read all statutes noted in CB, especially statutes highlighted on CB pp. 532, 550 (particularly section 101 [def. “perform,” “publicly”])

Oct. 19: open discussion of copyright registration project

  • We will discuss our projects as a group.
  • No assigned readings, instead bring your questions to class so that all can benefit.
  • Note: per class of Oct. 17, the final revised deadline for Project 1 will be next Tuesday, Oct. 25 at 4PM. See assignments page and related pages for details.

WEEK 11 – OCT. 24 & 26

Monday, Oct. 24: Exclusive rights (public display); Moral rights

  • Leaders: Leonard C. & Karina G.
  • CB pp. 575-86, 593-617
  • Read all statutes noted in CB, especially statutes highlighted on CB pp. 575, 598.

Wednesday, Oct. 26: Infringement

Note on make-up classes; office hours

Make-up classes

This information summarizes what we discussed in class. As you know, classes were cancelled 10/5 (Hurricane Matthew), and on 10/10 and 10/12 (my hospitalization). Since then classes have been online. Here is how we are making up the three (3) missed classes.

  • Two of the classes will be made up by extending remaining classes by a total of at least 150 minutes. We have already made up some of the time:
    • 10/24: +30 minutes
    • 10/26: +15 minutes
    • 10/31: +15 minutes
    • Remaining: 90 minutes
  • The third class would have been cancelled anyway in lieu of “partner/associate” meetings that we will have around the week of Nov. 14 to assist you in Project 2. Further details will be provided below when available.

Office hours

I have resumed office hours. They will be online. Unless stated otherwise, they will be Tue., Thur., and Fri. 3-5PM. Since they are online, you will have to schedule an appointment. See Mariela or Diana (faculty secretaries), or Suzanne (faculty receptionist). They’ll set you up with a time slot. Be sure to give them your name and your Google/Gmail name so I can videocall you.

WEEK 12 – OCT.  31 & NOV. 2

MONDAY, OCT. 31: Secondary liability

WEDNESDAY, NOV. 2: Internet service providers

WEEK 13 – NOV. 7 & 9

MONDAY, NOV. 7: Internet service providers (cont’d)

  • Class leaders: Justin B. & Patricia P.
  • Readings:
  • Project-related assignment:
    • Who is the ISP/OSP? Determine the names of any internet or online service providers (OSP/ISPs) that provide services to the defendant.
      • To help, go to the defendant’s website. That might have helpful info. Or it might not.
      • Additionally, to determine the hosting provider for the defendant’s personal website, do a WHOIS search on GoDaddy.
      • Finally, use the investigative tools at Network-Tools.com.
    • ISP/OSP info. Once you determine who the likely OSP/ISP might be, go to its website, and find pages with things such as: terms of use; abuse policies; copyright policies; DMCA policies; and contact information.
    • Use Copyright office as well. Obtain DMCA agent information on the OSP/ISPs, if available, on the Copyright.gov “Directory of Agents” for DMCA notices.

WEDNESDAY, NOV. 9: Fair use and affirmative defenses

  • Class panelists: TBA
  • Read CB pp. 819-45
  • Read Supp. p. 541
  • Read 17 U.S.C. 107
  • Note: TBA – I will be adding additional materials relevant to the project. They will involve factual research on the infringer.

WEEK 14 – NOV. 14 & 16

Partner/associate meetings

  • You will meet personally with me this week discuss your enforcement efforts for project 2. This meeting will take place in my office or online depending on the status of my rehabilitation.
  • This is your opportunity to get help and feedback directly from me.
  • Sign-up information will be posted.
  • Be prepared for your meeting. This includes having already worked towards building your case file. By the time of your meeting, you will also be engaged in C&D work with the opponent. You should also be drafting your DMCA takedown by this point.

Nov. 9: Fair use and affirmative defenses (cont’d)

  • Notices:
    • It is crucial for you to be well-read and prepared on the readings from last Wednesday and this week. They are crucial to your success in Project 2, and have the additional benefit of being the most fun cases in all of copyright law. I will assume, as always, that you are well-prepared and expect that you will meet those expectations.
    • Make sure you’ve sent out your C&D no later than end-of-day today (or a bit earlier if you’re meeting with me this evening on GH).
    • Per the email I sent out, this is the week you’re meeting with me. Be sure to check your STU email to see the link to the schedule along with info on how to log into Google Hangouts.
    • After consideration I think it might be helpful to you to temporarily retain (or get back) the original books, CDs, DVDs and other works from project 1 in case you need them for project 2. I’ll ask during class.
  • Read CB pp. 845-74

Nov. 11: Fair use and affirmative defenses (cont’d)

  • This is our last session together so be sure to have any questions prepared so that I can help you further.
  • Read CB pp. 875-81, 886-909, 917-924
  • Skim CB pp. 881-86, 909-917

WEEK 15 – NOV. 21 & 23

MONDAY, NOV. 21: Last day of class

  • No readings.
  • Bring your projects to class. You are done. [If you will miss class, then hand in your project prior to the beginning of class (4PM EST) to Ms. Mariela Torres or Ms. Diana Barroso (faculty administrative assistants) or Ms. Suzanne Gelin (faculty receptionist).]
  • Let’s decompress, discuss what we did, and reflect.

Last revised Nov. 13, 2016