Scoring for each component will be done on a 4.0 scale. Below is a brief explanation of what I look for in each category.
|Organization of casefile||10%|
|Attribution & certification||0%*|
Registration form (30%). Prepare a copyright registration form. You will have to determine which form to use. Although the Copyright Office permits electronic filing, I want you to prepare a paper form, which will require you to choose one of the standard paper forms, which can be found here. Which form should be used for your assigned work?
Scoring considerations: Does the filled-out form reflect knowledge of copyright law topics that we have covered to date? Is the form filled out neatly, accurately, and in a manner that reflects diligence and professional judgment? Did you fill out the form in a way that reflects copyright law in light of the facts in your scenario?
Memorandum (35%). In single-spaced letter/memorandum format, written to your assigned client, with CC to managing partner Ira Steven Nathenson with .
- Organized. Organize by:
- Form chosen. If you think several forms are arguably correct, explain the considerations.
- Why you filled out the form the way you did, space-by-space. If you have any concerns or think there might be other debatable ways to fill out some of the spaces, explain what they might be and why.
- Why you drafted the contracts you did (up to two contracts), and explanation of any additional contracts you might need.
- Also discuss any other relevant information you want to explain.
- Exhibits to memo (model contracts).
- Length. Proper explanation would take at a minimum 3-5 pages. A memo of only one page is surely ignoring important issues, and a memo longer than five pages is likely going into too much detail.
Writing: Is the memo well-written? Is it written with the audience (the client) in mind?
Memo organization: Does the memo provide separate headings for each of the spaces on the form? Does it include any additional considerations?
Analysis: Does the memo explain and justify the choices of form and of the way you filled out the form? Does it cite and discuss, in concise form, relevant legal authorities underlying those choices? Where choices are uncertain or debatable, does the memo point out those concerns? Does the memo offer useful alternatives? Does the memo provide a conclusion as to whether the work can be registered?
Contracts (25%) Considerations include: whether you have drafted contracts that support the assertions in your registration form and memorandum, and the quality and content of the contracts. Do not include more than two contracts. If you feel you need more than two contracts, then include the two most important contracts, and then explain in your memo what you would do with additional contracts.
Documentation and case file organization (10%). This looks to the organization of your project file and to the documentation of your legal and factual investigation. Can the managing partner work through the file in a meaningful and efficient way? Note that well-written work product is much more likely to be well-organized, and that well-organized work product is much more likely to be well-written.
*Attribution & certification (0% but required to obtain any score). You must include a filled-out certification and disclosure that reveals any assistance you received (form TBA). You must also include any contracts or other materials relied upon. Projects received without a proper attribution/certification will receive no credit. Attribution/certifications with materially incomplete or false information will also lead to reductions in score in the project, or overall in the course, with possible referral to the academic integrity committee.
Posted Sept. 19, 2016 (beta 0.1)