Copyright project 1: registration

Note to public: this assignment is created for teaching purposes. This project uses real-world materials in order to provide a meaningful learning experience. However, no actual affiliation with any person or entity exists.

Sections of this page.

Click any of the links below to jump to a section of the assignment.

• Background
• Short description of project
• Initial task
• Other tasks
• Final case file due date
• Required contents of case file
• Format for memo
• Permitted and prohibited assistance
• Scoring and additional guidance
• Project-related links

Background. 

You are fictional associates in a fictional law firm: Thomas, Thomas, and Thomas, PLLP, or “Pretend Limited Liability Partnership.”  (Also known as T-Cubed.)  There are no real clients and no real adverse parties. You will do work related to preparing a draft copyright registration form for the United States Copyright Office, along with needed contracts, an explanatory memo, and supporting documents.

Short description of project.

Each of you will serve as a client, and as an attorney for another client to be assigned to you (you received this via email). The attorney/client/work page is password protected, but I will give you the password in class.

Clients: each of you will post links at least two works to Canvas. See the Assignments page for further details and deadline.

Attorneys: Each of you will serve as a lawyer for someone else’s work.

I will assign different works and clients to each of you, along with additional customized instructions as may be appropriate. You will need to determine which copyright rights to register for your client, and how to register them. You will also need to draft any contracts needed to vest copyright in your client.

Each lawyer will prepare 1) registration form(s), 2) contracts, and 3) a memo with exhibits and certification form. You will also use the work I give you as the deposit copy.

Initial task 

No later than Friday, Feb. 12 at 11:59PM EST, every class member, as the client, must post links to at least (2) different items to Canvas, from which I will select something to be provided to another classmate who will serve as your project “lawyer.” In the project, your assigned lawyer will prepare a draft paper copyright registration form in your name, along with a memo, draft contracts, and other materials. The items you bring can be any two (2) of the following:

• Link to a magazine issue
• Link to an article
• Link to some document
• Link to a photo. If the photo is part of something else (such as an article), provide that link as well.
• Link to a video (such as YouTube)
• Other works may also be acceptable (such as links to sheet music or tablature).

You will paste the URL or URLs for the works (again, a minimum of two) into the appropriate link on Canvas. Add explanatory information if useful to provide context.

Other requirements regarding the items:

• The items should be from two different categories (so don’t post links to two articles).
• All items must be in the English language.
• All items must be created after 1977.

Other tasks.

I will assign lawyers for the works using a highly scientific method.

Final case file due: Sunday, Mar. 14, 2021.

The file will be due Sunday, Mar. 14, at 11:59PM EST. You will make an online submission using Canvas.

Required portions of case file.

As noted, your case file should be in an online submission and assembled into a single PDF. The submissions must include the following items in the following order, assembled into a single PDF:

1. Cover page.
2. Table of contents.
3. Your deposit copy. A printout of the work you are registering will suffice.
4. Copyright registration form(s). I recommend you generate the form using the appropriate form from the Copyright Office. Whether you use a TX, PA, SR, or some other form is for you to determine. The forms can be filled out on computer. Although you cannot “save” an edited form, you can print the form to PDF, thus saving your finished work. See the registration resources page for links to forms and other registration-related information. An electronic signature is fine. You can electronically sign here as well. If signing as lawyer, then /s yourfirst yourlastname/. If client is “signing,” then /s client first clientlast/.
5. Contracts. Prepare any contracts (such as assignments or work-for-hire agreements) that perfect the client’s ownership of the copyright. Each of you will need to prepare at least one contract. If you deem it necessary, you may create two, but no more than two. Under no circumstances may you do more than two. If you feel you need more than two contracts, include discussion in your memo as to who those contracts would be with, and what they should cover.
6. Memo with certification form, exhibit listing, and exhibits. Using the required memo template, draft a memo addressed to your client (and CC’d to me), discussing.

Introduction. Briefly explain your task and what you are recommending to your client.

Form(s) chosen. What registration form(s) you chose and why you chose them.

Filling out of form(s) chosen. Why you filled out each space in the form(s) the way you did.

Deposits and fees. Explain the number and nature of deposits required, as well as the fees required by the Copyright Office.

Contracts. Explain how and why you drafted the contract(s) the way you did (up to two contracts). If you think you need more than two contracts, explain what other contracts you would need, and why. Do not, however, draft any more than two contracts.

Other comments & information. Include any other discussion you think may be relevant to the project and your client.

Certification of Originality, Attribution, and Disclosure (“Attribution form”). This can be found at the end of the memo template. It must be filled out fully and signed physically. Consider the certification to be a broad disclosure requirement (much broader than FRCP 26(a)). Note: you can sign this electronically such as “/s firstname lastname/”

Appendix listing of draft contracts, templates, and other exhibits. This goes after the certification. Starting on a new page, provide a lettered listing (A, B, C, D, etc.) of all exhibits, namely, your draft contracts, contract templates you used, factual research, copies of registrations you used to help you, and any other materials that you used or which should otherwise be included in support of your memo or this project. However, if you cite to any law or Copyright Office materials in your memo, citations will be sufficient, so you need not include them as exhibits in the appendix.

Exhibits. Attach any exhibits to the end of the document, after the listing of exhibits. This should include photocopies from the work that justify the assertions in your memo, any factual research that supports your memo, as well as any templates for your contracts. Any templates used must be provided, and must be marked up or highlighted to indicate any language you borrowed or adapted.

Further guidance regarding the memo can be found 1) directly on the memo template form; and 2) in the sections below on format and scoring.

Format for memo

I have created a model memo template for you to use in Project 1. You must use this model and you must maintain the formatting used. This formatting is shown below:

The memo template includes additional guidance as well as spaces for you to fill in. It also includes the required Attribution & Certification form, which must be filled out completely with an original ink signature.

Permitted and prohibited assistance and sources

As noted in earlier classes, I encourage each of you to seek out, and to provide assistance to, your current Copyright & Content classmates. Lawyering is a collaborative learning experience, and I want you to learn from your apprentice colleagues. That means you can ask and answer questions, seek and provide suggestions, and seek and receive comments on forms and drafts.

Equally so, you can and should seek out documents and templates to help you, such as copyright contracts, prior registrations, and the like. Obviously, you must still do your own work by updating materials to reflect your own facts in light of the governing law. Regardless of what a form or template may say, the lawyer who uses it is always responsible for making sure it is factually correct, legally sound, appropriate for the situation, and proper for the client’s needs.

The only thing I require of you in return is that you fully and truthfully fill out the attribution form, in which you will state who you helped, who helped you, and how. You must also identify any templates or pre-existing materials that you use in drafting your forms or memo. Err on the side of revealing too much information rather than too little.

However, you absolutely may not seek information or assistance from anyone who is not currently enrolled in this course (such as other students at STU). This prohibition includes, without limitation:

• STU students not currently enrolled in this course.
• Lawyers and other legal professionals.
• Anybody at the U.S. Copyright Office.

Scoring and additional guidance

Scoring for each component will be done on a 4.0 scale (actually, up to a 4.5, which would reflect the equivalent of an A+ for a particular category).

Assuming you provide timely work throughout the project, your overall score is based on the considerations above.

The final score for this project will count for 30% of the overall final course score. The other portions of your final course score will come from project 2 (enforcement: 45%) and class participation (25%).

Below is a brief explanation of each category, with further guidance.

Registration form (30%).

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?

Caution! In your research, you may come across existing registrations for the work. Use these at your own caution, as they may not reflect appropriate choices, and may include information that does not apply to your client. If you use them, however, include them in your appendix.

Memorandum (35%).

Scoring considerations: 

• Writing: Is the memo well-written? Is it written with the audience (the client) in mind?
• Memo organization: Does the memo provide subheadings for each of the spaces on the form? Does it provide citations to supporting exhibits?
• Analysis: Does the memo include thoughtful discussion and analysis of all the required parts? Does it explain and justify the choice of form and of the way you filled out the form? Does it cite and concisely discuss, relevant legal authorities underlying those choices? Where form and form-filling choices are uncertain or debatable, does the memo point out those concerns and explain how you resolved them?

Contracts (25%).

Scoring considerations: Have you drafted contracts that support the assertions in your registration form and memorandum? Are the contracts of good quality, reflecting a thoughtful understanding of the law, the facts, and the client’s needs? Are the contracts clean and grammatical, lacking typos, and properly updated? Do not provide 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 additional contracts you would need and why. Violating this instruction is evidence of failure to follow instructions and may affect your score.

Documentation and case file organization (10%).

Scoring considerations: This category looks to the quality of your documentation (particularly factual investigation and required provision of contract templates) and to the organization of your project file. Can the managing partner easily work through the file in a meaningful and efficient way? Are the exhibits neatly labeled, corresponding to citations in the memo and the listing of exhibits? 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.

*Certification of Originality, Attribution, and Disclosure (0% of score if properly completed; 100% of score if not).

You must include a filled-out attribution form that reveals any assistance you provided or received, along with a listing of templates or forms relied upon. The form is attached to the end of the memo template.

For example, you must provide copies of any contracts that you used as templates, or prior registrations from which you got information or ideas. You need not, however, include copies of statutes, cases, circulars, or other legal materials, since I can find those through a citation. You also do not need to provide copies of the memo or application templates, as I am aware that I provided them to you.

• You must fill out and indicate who you helped and who helped you, and how. Help is only available from other current members of this class.
• You must e-sign.
• You must provide copies of any templates used, and mark up any language used.

Attribution forms lacking this information upon initial submission will face a reduced score of up to 0.5 overall points. Attribution forms that provide misleading or false information may lead to additional consequences, including further reductions in the project score, course grade, or referral to the academic integrity committee. Cf. FRCP 11(b)(3).

**Timeliness.

As noted above, there are a number of deadlines for the project, including the initial deadline of Feb. 13 (bring in works) and Mar. 13 (the final deadline). Untimely work may impact your overall score, so make sure to turn in all materials on time. As noted above, if you will not be in class on a deadline day, then make other arrangements, such as dropping off work with me or with the faculty secretaries (Mariela, Diana, or Suzi).

Project-related links.

Additional project information can be found on the pages below. Be sure that you have carefully reviewed all of these materials:

• Copyright registration resources
• Copyright contract resources
• Memo template

Beta rev. Feb. 5, 2021.