COPYRIGHT & CONTENT MANAGEMENT: SYLLABUS
Professor Ira Steven Nathenson
St. Thomas University School of Law
Spring 2018, Law 965B, 3 credits (skills)
|Class time:||Tues. & Thurs. 3:05PM-4:35PM, Room 109-A in the Law Library, 1st fl.|
|Office hours:||Tues. 4:30-6:30PM; Wed. 1-3PM; Thurs. 4:30-6:30PM; and by appointment. Electronic office hours are also available via Google Hangouts or similar services.|
ABOUT COPYRIGHT & CONTENT MANAGEMENT
This course qualifies for skills credits.
Copyright law stands at the forefront of law of the digital era, fostering and sometimes frustrating the creation and dissemination of human culture. By providing exclusive—but limited—rights to “original works of authorship,” copyright protects not just traditional media such as books, songs, and movies, but also electronic works found in YouTube videos, streaming media, and computer code. Because copyright issues are so prevalent in modern society, a modern lawyer should have a solid grounding in copyright law. This course covers major topics in domestic copyright law, such as originality, authorship, ownership, duration, the exclusive rights, infringement, fair use, and enforcement. It also pays close attention to the interplay of technology and law. This course counts towards the St. Thomas Law Intellectual Property Law certificate program.
These are the required books. Only one of the items below will cost you money. The others are available for free.
- Course Website: Site at http://nathenson.org/courses/copyright/. This website is your source for assignments, project information, and other materials. Details on the course website are provided below.
- Casebook: Craig Joyce et al., Copyright Law, Tenth Edition (Carolina Academic Press 2016). Do not get the prior Ninth Edition from 2013, which is from a different publisher and is out of date.
- Joyce et al., Copyright Law Casebook Supplement: It is free and can be found here.
- Statutory Supplement: James Boyle & Jennifer Jenkins, Intellectual Property: Law & The Information Society, Selected Statutes & Treaties (2016 ed.). It is free and can be found here.
COURSE WEBSITE; ASSIGNMENTS
Assignments and course-related materials will be posted to the course website at http://www.nathenson.org/courses/copyright. In addition, selected course-related announcements and materials may be sent to your official St. Thomas Law email account. You are responsible for regularly checking your STU email.
There is no final examination. As a skills course, your grade will be based on experiential projects (70-75% of grade) and class participation (25-30% of grade).
For projects, the weight of each project will vary. Generally, early projects are formative and carry less weight, whereas later projects build on your skill level and carry greater weight.
For class participation, your score will be based on:
- Attendance (1/4 of participation). This generally means attending the entire class.
- Timeliness (1/4 of participation). This means being in your seat and ready for discussion once class begins.
- Discussant (1/4 of participation). This refers to your preparation, participation, and professionalism as a member of the class.
- Leader (1/4 of participation). This refers to your preparation, performance, and professionalism as a leader, moderator, or panelist.
As a skills course, your regular presence and participation in the classroom are a crucial part of your learning. Therefore, except for excused religious holidays, your attendance and timeliness scores look solely to the number of times you were absent or late, without regard to the reason for any absence or tardiness. The STU attendance policy has no bearing on the scoring of attendance or timeliness, and you should not consider 80% to be your goal: instead, you strongly encouraged to seek perfect attendance and timeliness.
PARTICIPATION & PROFESSIONALISM
Class attendance and timeliness.
Regular and timely attendance means, among other things, that you are in your seat and ready to start work on time. It also means that you are generally in the classroom for the entire class. I cannot emphasize enough how important it is for you to be in your seat and ready to start on time. Because we will be doing practice-oriented projects, class will often begin with important announcements and project guidance. If you are late, you will miss out on that information. Along similar lines, do not exit the classroom without good cause. If you leave class early without permission or good cause, you may be counted absent and in extreme cases, may be denied reentry. All of these considerations may be factored into your class participation score.
Participation as a class discussant (class member).
Every class member should be fully prepared to discuss the materials assigned for each class even if they are not a discussion leader. Class members should work during class with the professor and discussion leaders to discuss and explore the assigned materials. If you want, you can email me prior to class with supplemental materials you find that you think might be useful to share with the group. If we do not complete an assignment on one day, we will usually pick up on that assignment in the next class, so you should still be prepared to discuss those materials. Even when there is overlap, you should always prepare any new assigned materials as well. Your participation as a class member counts as part of your class participation score. See Guidance for Discussants, Discussion Leaders, and Panels.
Participation as a discussion leader.
Participation as a moderator or panelist.
Towards the end of the semester, class will be run as scholarly panels, like you would see at an academic conference. One student will serve as moderator, and the others will be panelists. See Guidance for Discussants and Discussion Panels.
Each discussion leader should:
- Present assigned materials, including statutes cited within the readings.
- Lead group discussion.
- Prepare and present discussion questions based on the assigned materials.
- Call on members of the group to pose questions and to help answer questions.
- As appropriate, bring in additional materials for the group. (Email me such materials ahead of time so that we can project them on screen.)
Further information about discussion leaders:
- Discussion leaders will be assigned in advance. Names will be posted to the course website.
- If a discussion leader is absent, late, or unprepared to present on an assigned day, their class participation score will be negatively impacted and they may be required to assume additional discussion leader duties later in the semester.
For details on moderators and panelists, see Guidance for Discussants and Discussion Panels. This is an important document and will be assigned for your second session. We will discuss what it means at length during the semester.
Disclosure, Candor, and Attribution policy: i.e., non-plagiarism.
We will discuss matters regarding your individual projects in class, and you may discuss ideas and the law with your classmates. However, any work product you hand in must be your own work. In limited circumstances, I will allow you to work from and adapt forms and other pre-existing materials. I will let you know in writing when you may use pre-existing materials. Except in the limited circumstance when I permit you to use pre-existing materials, any work product you hand in must be written and created solely by you. Any violation of this policy will be dealt with harshly and may in addition constitute a violation of the St. Thomas Law Honor Code. All students will be required to complete, sign, and return the Certification of Originality and Attribution form as part of submitting any project. This Certification is an important document that reflects strongly on your professionalism, and we will discuss what it means at length during the semester.
LEARNING METHODOLOGY: SKILLS+
This is a skills course, but the real goal is to treat it as much more than a skills course. It is intended to be one that integrates your learning—and I mean learning and not teaching—of copyright and content doctrine, theory, practice skills, and professional values. I am a strong believer in the integrated approach, one that uses skills to teach law and doctrine, and that uses professional values to tie them all together. So instead of learning doctrine in one class, ethics in another class, and skills in yet another class, I want to use them all, together, to better learn the law and to become a better lawyer.
LEARNING OUTCOMES, METHODOLOGIES, AND ASSESSMENT
Learning outcomes refers to skills, concepts, and other matters I want you to learn in our course. Learning methodologies are the techniques we will use to learn these matters. Assessment refers to the ways you will receive feedback to help you determine your level of success and to course-correct for improvement. As a skills course with multiple projects, assessment is primarily formative, i.e., feedback that occurs while the topic is still being studied. This contrasts heavily with traditional doctrinal courses where assessment is primarily summative, i.e., feedback that occurs at the end of a course.
Learning Outcomes (the goal)
|Learning Methodologies (the means)|
|Copyright law and theory: Examples include authorship, originality, ownership, registration, assignment and licensing, infringement, fair use and other defenses, and issues arising under digital copyright. See assignments for more examples.||Reading, briefing, marking up, and discussing copyright cases and statutes, and using the Harkness method of group discussion. Copyright doctrine will also be learned through practice-oriented skills projects such as drafting registration certificates, cease-and-desist letters, and more.|
|Integrating law and theory with practice skills and professional values: Developing basic practitioner proficiency in tasks common to copyright lawyers and tying professional values into copyright practice.||The copyright skills projects are designed to integrate the teaching of the four components of lawyering: doctrine, theory, practice skills and professional values. For information on the MacCrate Report’s recommendation for integrated teaching of these components, see here.|
COMPUTERS, TABLETS, PHONES
Computers (including without limitation tablets and other electronic devices) may be brought to class but they cannot be used during normal discussion or for note-taking. The reason is that study after study has proven that electronics are anathema to focus, engaged discussion, note-taking, and critical thinking. Considering that we have a small group, the success of the class will hinge on the engagement of each and every one of us. Accordingly, you may bring your devices to class but they may be used only at points that I designate are appropriate for computer use, such as searching online records or registrations.
With that in mind:
- Casebook: Always bring your casebook. If the casebook is electronic, then print out the readings and bring them to class.
- Print out statutes and other electronic materials: The statutes are in a free supplement. Print out and read the relevant statutes, we will oftentimes dissect them in class. If other web-based materials are assigned, print them out as well.
- Note-taking: You should take notes by hand.
Posted Jan. 9, 2018