Copyright assignments (Spring 2021)

COPYRIGHT & CONTENT MANAGEMENT: SPRING 2021 ASSIGNMENTS 

Assignments

Each year I rework the class. The first week’s assignments are listed below. Others will be added shortly and as the semester proceeds. We will focus on readings and discussion for the first three to four weeks; after we lay a legal foundation through those readings, our work will also include experiential projects.

Casebook & Statutes

The casebook is Jeanne C. Fromer & Christopher Jon Sprigman, Copyright Law: Cases and Materials, v2.0 (2020), available for free download at http://www.copyrightbook.org/. After the first week, you must have a hard copy of the casebook, available for a mere $15 on Amazon, at https://www.amazon.com/Copyright-Law-Cases-Materials-v2-0/dp/B08BWFWXQR/. Make sure to purchase v.2.0 (2020).

Projects

We will do experiential projects, which together will likely constitute the bulk (75%) of your score. Examples in the past have included copyright registrations, copyright transfers, and copyright/content enforcement work. As you will see, I like to adjust the course each year based on the needs and interests of the class members, so the substance of the projects will be shaped and revised as the course goes on. This course relies upon your agency as much as it does mine.

WEEK 1 – JAN. 11 & 13

MONDAY, JAN. 11 (class 1): Intro to Copyright and Content

  • Discussion leader: Professor
  • Casebook:
  • Nathenson handout: Comparison of copyright, trademark, and patent. Bring this handout to every class, as I’ll refer to it from time to time as I compare copyright to other forms of IP protection.
  • The next part of the assignment involves TPQs, or “thought-provoking questions,” which are the heart of this course, and a significant part of what I assess you on.
    • For the first day, it’s TPQ + Copyright Show-and-Tell.
    • TPQ # 1: Be prepared to discuss the following:
      • Why we might need copyright protection. In support, be prepared to show an example of something that you think others should not be allowed to copy.
      • Why we might not need copyright protection. In support, bring an example of something that you think others should be allowed to copy.
    • TPQ # 2: Is copyright’s “fixation” requirement really necessary? Why or why not?

WEDNESDAY, JAN. 13 (class 2): Originality

  • Discussion leader: Professor
  • Read Casebook (“CB”) pp. 26-44.
  • At least one hour prior to today’s class, submit to Canvas at least one TPQ (thought-provoking question) based on today’s readings on originality.
    • Examples of good TPQs are:
      • Original hypos you create based on the readings.
      • Examples taken from current events, current disputes, or something interesting that sheds light on the readings.
      • Questions that challenge the policies or theoretical foundations underlying copyright rules.
      • Questions that show unintended or undesirable consequences of copyright rules.
    • Examples of bad TPQs are:
      • What did the court decide?
      • What is the rule?
      • What do you think about what the court did, said, etc.?
    • PS, here’s a TPQ of my own: are your TPQs original for purposes of copyright law? Why or why not?

WEEK 2 – JAN. 18 & 20

MONDAY, JAN. 18: MLK Day, no class

  • Holiday, no class

WEDNESDAY, JAN. 20 (Class 3): Derivative works and compilations; Authorship & ownership

  • Reminder: so that you are free to watch the Inauguration, let’s start class 10 min. early at 10:35AM.
  • TPQ leaders: Rebecca S.
  • Standing instructions: these apply all semester and will not be repeated below.
    • TPQ leaders must upload their TPQs to the relevant page on the Canvas site at least 24 hours prior to the class they are leading. At least 2-3 TPQs.
    • If your TPQ includes any links or AV, include them in the upload to Canvas.
    • If a class member knows in advance that they will be missing a day of class, they must let me know in advance so that I do not make them a TPQ leader for that day. If they later realize they cannot be in class for your TPQ day, they should find somebody willing to take their place. Get email confirmation from them with CC: to me.
    • Discussants (everyone else) should always be prepared to discuss all materials fully. They too may upload TPQs to the Canvas site if they wish.
  • Casebook pp. 44-59

Summary of class policies regarding Discussants, Leaders, TPQs, participation, and preparation

A compilation of some guidance we have noted regarding Discussants, Leaders, TPQs, and preparation as we head into the heart of the semester. Read this carefully. I will assume you know these things and I will conduct class accordingly. 

New class members. In addition to the catch-up instructions I emailed you previously, please know that sometimes I will send you notifications through the Canvas course website. In particular, Canvas is what I use to give feedback on your TPQs. if you have not done so already, you should go to Canvas, click on Dashboard (upper left), and change your notifications so that you get a heads-up when I post something to you on Canvas.

Discussants. Two of the keys to doing well in this course are participation and preparation. Regarding participation, this is a discussion-oriented class and I expect everybody to participate every day. Participation does not mean simply opining in the abstract about “what you think is right or fair” (anybody walking in off the street could do that), but also means engaging meaningfully with the assigned materials. Therefore, participation is inextricably interwoven with preparation. Regarding preparation, all class members, whether Leaders or Discussants, are always expected to be fully prepared on all readings every day, and it is never acceptable to be unprepared. The only exception: one time per semester, if you are unprepared as a Discussant, you may tell me so before class begins and I will not call on you. However, if you do not request a pass in advance, and I determine in my sole discretion that you are unprepared, you will be marked as absent. If this happens more than once, your final grade may be lowered. TPQ Leaders, however, may not pass, and barring extraordinary circumstances, should never be absent.

Discussant TPQs. Discussants are not required to submit TPQs but I encourage you to do so as it shows engagement. To do so, go to the “Class discussants, upload your TPQs here” link on the Canvas home page. Discussant TPQs can reflect participation and engagement, and also require you to think about the assigned materials. Good TPQs tie together all the readings, or reflect on thorny or crucial aspects of some of the readings. You can also include AV. I cannot guarantee that I will always use all TPQs, but I will always make sure to comment on them before class if they are sent at least 24 hours prior to class. If I can, I will also comment on TPQs sent later than that.

TPQ Leaders. As announced last Wednesday, TPQ leaders have been posted through Feb. 10. Generally, I start from the top of the alphabet and then switch to the bottom, moving my way down and up. Thus, A, Z, B, Y, etc. For your convenience, the standing instructions for TPQ leaders is reproduced below. The last bullet point is added as further clarification. This is the last time I will distribute these standing instructions this semester. Note in particular that TPQ leaders must submit their draft questions to Canvas at least 24 hours prior to class start time, and that a TPQ leader who cannot come to their assigned class is responsible for finding a substitute and giving me notice. Also, Leader TPQs should embrace the entirety of the readings and not just the first few pages or the first case.

TPQ leader standing instructions: these apply all semester and will not be repeated.

  • TPQ leaders must upload their TPQs to the relevant page on the Canvas site at least 24 hours prior to the class they are leading. At least 2-3 TPQs. If your TPQ includes any links or AV, include them in the upload to Canvas.
  • If a class member knows in advance that they will be missing a day of class, they must let me know in advance so that I do not make them a TPQ leader for that day.
  • If an assigned TPQ leader later realizes they cannot be in class for their TPQ day, they are responsible for finding a substitute willing to take their place. Obtain email confirmation from the substitute with CC: to me.
  • Discussants (everyone else) should always be prepared to discuss all materials fully. They too may upload TPQs to the Canvas site if they wish.
  • Leader TPQs should embrace the entirety of the readings and not just the first few pages or the first case.

WEEK 3 – JAN. 25 & 27

MONDAY, JAN. 25 (class 4): Idea-Expression and related doctrines

  • To all, see the yellow box above, which includes the info from the email sent 1/23/21.
  • TPQ leaders: Tanya L-R.
  • Casebook pp. 59-75

WEDNESDAY, JAN. 27 (Class 5): Categories of works; useful articles

  • TPQ leaders: Stephanie V.
  • Casebook pp. 75-99

WEEK 4 – FEB. 1 & 3

MONDAY, FEB. 1 (Class 6): Categories of works; computer software

  • We will pick up with the Star Athletica case from last class.
  • Discussion leader(s): Michelle A.
  • Casebook pp. 106-131 106-142. Note (1/30/21: The Supreme Court is deciding the Oracle case, which starts p. 132, this term. Hopefully the opinion will be released in time for us to read and study it. Therefore, let’s not real the Federal Circuit opinion just yet. If the SCOTUS version does not come out by March, then we’ll read the Federal Circuit version.)

WEDNESDAY, FEB. 3 (Class 7): Ownership

  • TPQ leaders:
  • Casebook pp. 143-68

WEEK 5 – FEB. 8 & 10

MONDAY, FEB. 8 (Class 8): Copyright Registration & Formalities

  • NOTE: this assignment is bumped to Wed., Feb. 10. I will update the site shortly.
  • We will continue our discussion of copyright ownership starting with the Spike Lee case.
  • TPQ Leader: Alexandra B. (leader on case law readings below)
  • 17 USC 101 (definition of “transfer of copyright ownership”)
  • 17 USC 204
  • Casebook pp. 169-83
  • Project 1 information:
    • A draft of project 1 has been posted
    • Your first project-related submission will be due Friday. See the posting below for Fri., Feb. 12 for details.
    • I will discuss the project and your initial submission during today’s class.

WEDNESDAY, FEB. 10 (Class 9): Copyright Registration & Formalities

  • Continue Wednesday’s assignment. Alexandra is still TPQ leader.

FRIDAY, FEB. 12 (project-related): Clients must submit links to their desired works to Canvas

  • Due today, Friday Feb. 12 at 11:59PM EST (due date unchanged)
  • Clients are to submit links to their desired copyright acquisitions. Post links to the Canvas site here, where you can also find further instructions.
  • For Innovations students, your proposed inventions are due the next day, Feb. 13.

WEEK 6 – FEB. 15, 16, & 17

MONDAY, FEB. 15: Presidents Day

  • Presidents Day, no classes

TUESDAY, FEB. 16 (Class 10): Copyright duration, renewal, termination

  • Go to your Monday classes today.
  • TPQ Leaders: Professor
  • Casebook pp. 183-199, 208-17 183-217
  • Read handout: study guide for computing copyright duration at https://www.nathenson.org/courses/ip/resources/duration-revised/
  • Activity: Each class member should create at least one (1) copyright duration hypothetical using the duration table and the readings. Post it to this link by 3:30PM the day before class, That means it is due by 3:30PM on Monday, Feb. 15. You are responsible for timely submission regardless of whether you will be in class that day or not. I will assemble the hypotheticals for everybody and share them with you.

WEDNESDAY, FEB. 17 (Class 11): Registration training

WEEK 7 – FEB. 22 & 24

MONDAY, FEB. 22 (Class 12): Exclusive rights; reproduction

  • TPQ leader: Andrea A.
  • Casebook pp. 219-243

WEDNESDAY, FEB. 24 (Class 13): Exclusive rights; reproduction (cont’d)

  • TPQ leader: Lisbetty R.
  • Casebook pp. 243-275

WEEK 8 – MAR. 1 & 3

MONDAY, MAR. 1 (Class 14): Reproduction cont’d

  • Continue with cases assigned last week.
  • Re-read them again with last Wednesday’s discussion in mind.
  • Consider for each case:
    • How might the nature of the works at issue affect the way the court articulate and resolves the cases?
    • Could one test suffice for every type of work?
    • What is the test asserted by the court?
      • How does the court separate idea from expression? Should the court first dissect the plaintiff’s work into sub-elements to determine which is idea (or fact) and which is expression?
      • When does the court look at the works element-by-element (dissection) and overall?
      • How does the Second Circuit test vary from the Ninth Circuit test, if at all?

WEDNESDAY, MAR. 3 (Class 15): Exclusive rights; derivative works

  • TPQ leader: Julia B.
  • Casebook pp. 275-294

SPRING BREAK – WEEK OF MAR. 8

MONDAY, MAR. 8: Spring Break

  • Spring break, no class!

WEDNESDAY, MAR. 10: Spring Break

  • Spring break, no class!

IP-PALOOZA 2021!!!

There are events all week long. Except for events that are your scheduled class for that day, I will also give internal attendance credit for each event fully or substantially attended. The 3/16 evening event is a singular event that includes both the keynote and trivia night.

WEEK 9 – WEEK OF MAR. 14, 15, and 17

SUNDAY, MAR. 14: Project 1 due

MONDAY, MAR. 15 (class 16): IP-Palooza week: “Fashion, Meet IP; IP, Meet Fashion!”

  • Today’s class is part of IP-Palooza.
  • Class is shifted to 12:15-1:30PM. We will use a special Zoom link that I will email to you.
  • We will be having a joint class with Professor Ashlee Rzyczycki’s Fashion Industry class at the Gus Machado School of Business.
  • The speaker will be attorney Laura Ganoza, a partner at Foley & Lardner.

WEDNESDAY, MAR. 17 (class 17): Exclusive rights; fictional characters; reproduction vis-a-vis derivative works; moral rights

  • TPQ leader: Noharys Q.
  • Casebook pp. 295-326

WEEK 10 – MAR. 22 & 24

MONDAY, MAR. 22 (Class 18): Exclusive rights; distribution & importation

  • TPQ leader: Maylen D.
  • Casebook pp. 326-345

WEDNESDAY, MAR. 24 (class 19): Exclusive rights; Public performance and public display 

  • TPQ leader: Geraldine O.
  • Casebook pp. 345-370

WEEK 11 – MAR. 29 & 31

MONDAY, MAR. 29 (Class 20): Exclusive rights; readings on the music industry

  • TPQ leader: Frances D.
  • Casebook pp. 370-94

WEDNESDAY, MAR. 31: FRIDAY CLASS SCHEDULE

  • Friday class schedule today.
  • No Copyright class today.

WEEK 12 – APR. 5 & 7

MONDAY, APR. 5 (Class 21): Music copyright (cont’d); cease-and-desist training

  • Continue reading from last week on music copyright.
  • Project-related:
    • Read Elements of a Cease-and Desist Letter a/k/a/ How Not to be an IP Gorilla
    • Read these tips on C&D letters
    • Go online and do some searching. Find at least two (2) examples of copyright cease-and-desist letters (not DMCA notices). You can also look in databases on Lexis and Westlaw. Bring them to class and be prepared to discuss them in terms of structure, persuasiveness, tone, and professionalism. Have them at hand during class and be ready to show them on your screen.

WEDNESDAY, APR. 7 (Class 22): Fair use—basics

  • TPQ leader: Angie N.
  • Casebook pp. 395-423

WEEK 13 – APR. 12 & 14

MONDAY, APR. 12 (Class 23): Fair use–market failure & market effect

  • TPQ leader: Alessandra D.
  • Casebook pp. 432-51
  • Your C&D letter must be transmitted (email only) to your opponent at the approved email address no later than today, April 12, 2021, at 12 midnight EST (end-of-day).

WEDNESDAY, APR. 14 (Class 24): Fair use–software and technology

  • TPQ leader: Luis M.
  • DELETED: Casebook pp. 466-96
  • ADDED: Read in its entirety the opinion and dissent in Google v. Oracle (don’t bother with the syllabus, it is not part of the opinion). It can be found at https://www.supremecourt.gov/opinions/20pdf/18-956_new_o7jp.pdf. Each page is small, so it is less than a normal 30-page reading. (The length of the WestLaw version, if you do not count the syllabus or headnotes, is 24 pages, so there you go.). Don’t read the WestLaw version, it screws up the formatting and loses some of the info. Use the link above.

WEEK 14 – APR. 19 & 21

MONDAY, APR. 19 (Class 25): Secondary liability

  • TPQ leader: Kayla G.
  • Casebook pp. 497, 503-511, 518-21, 536-43

WEDNESDAY, APR. 21 (Class 26): Secondary liability (cont’d)

  • Note that this was originally part of Monday’s assignment. I moved the MGM case to Wednesday and added in the rest of the Sony decision.
  • Note: we will pick up discussion with Section 512 and Lenz (from last class)
  • Be sure that you pay close attention to the Sony rule, and consider how Justice Ginsburg’s and Breyer’s concurrences in MGM v. Grokster have very different views of the Sony rule.
  • Discussion leader(s): Professor
  • Casebook pp. 543-47, 552-64

WEEK 15 – APR. 26 & 28

MONDAY, APR. 26 (Class 27): Copyright litigation & remedies

  • Discussion leader(s): Arianna L. (moved from Class 26)
  • Casebook pp. 565-97, 565-77, 587-97

WEDNESDAY, APR. 28 (class 28): Wrap-up, project discussion

  • Discussion leader(s): Professor
  • Wrap-up, project discussion

PROJECT 2 DEADLINE

NOTE: This info was previously posted to project pages, and discussed in class

Students enrolled in just one of my two Spring classes. The general deadline for projects for either the Innovations or Copyright class is Sunday, May 2, at 11:59PM EST. Upload a single-well-organized PDF file to this link.

Students enrolled in both of my two Spring classes. If you are enrolled in both of my Spring IP classes, then you must still submit at least one of the two projects by the deadline noted immediately above. Which class you do that for is entirely up to you. Your project for the second class, however, may be submitted up through Saturday, May 8 at 11:59PM EST and will still be considered timely. (So long as you comply with these requirements, please ignore any notices generated by Canvas that tell you that your second project is late. I will know that such a submission is timely.)

Advice. Based on the number of submissions I received for Project 1 that were submitted either close to, or shortly after, the 11:59PM deadline, I would encourage you to get the components of the project done and polished well in advance of the actual deadline so that you give yourself sufficient time to assemble them into a single PDF and upload them. Just like courts that require electronic submission and have deadlines, it is no excuse for counsel to wait until the last minute and suddenly find difficulty assembling documents or uploading them to the required electronic submission system. You should always assume that there might be last-minute technical difficulties, and you are therefore cautioned to give yourself sufficient time to timely submit.

Revised Apr. 20, 2021