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"Congress shall have the power... to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and
Discoveries." U.S. Constitution, Article I, Section 8, Clause 8
"A narrow, succinctly articulable message is not a condition of constitutional protection, which if confined to expressions conveying a "particularized message," would never reach the unquestionably shielded painting of Jackson Pollock, music of Arnold Schonberg, or Jabberwocky verse of Lewis Carroll." Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston ,
515 U.S. 557 (1995)
"Being good in business is the most fascinating kind of art. Making money is art and working is art and good business is the best art." - Andy Warhol
COURSE OVERVIEW
The course will introduce you to important areas of law applicable to the production of creative works/art. The goal is to train you to recognize some common situations in which legal risk may be involved so you can make informed artistic and business decisions and/or know when to contact legal counsel.
The course examines the legal foundations of artistic creation including copyright, trademarks, patents, freedom of expression, ownership of ideas, and public domain laws. Students will also learn about the fundamentals of contract negotiation and creation, as well as the principles, methods and dynamics of negotiation.
This is a seminar class and class sessions will be discussion oriented and students should be prepared to participate fully in each class . Students will both be required to do at least one class presentation (typically explaining a judicial opinion—what is called a "case") and will be called upon at random to discuss readings and topics for each class. Therefore, you should be prepared to participate fully in each class.

LEARNING OBJECTIVES
We will work together, using the class readings, lectures, assignments and discussions to achieve the following objectives:
 To learn how to read, interpret, analyze, and summarize legal sources (cases, statutes, regulations) which affect the practice of artists and arts organizations.
 To learn the "black letter law"—that is, the basic legal rules—of those areas of the law
(most notable intellectual property law) which affect the practices of artists and arts organizations.
 To familiarize you with the policies behind pertinent legal rules and with arguments both for and against those rules.
 To spot arts- and expressive-speech-related legal issues when they arise, whether in the news, your day-to-day life, or in professional/organizational settings. Also, to determine when such an issue requires the advice of an attorney.
 To allow you to perform IP-related tasks, such as filing a copyright or trademark application.
 To learn skills that will make you a more successful negotiator.
 To learn the basics of contracts and familiarize you with common pitfalls.
COURSE DETAILS
Office Hours: While we will not be holding office hours per se , we are willing to meet before class—and if absolutely necessary at other times—by appointment.
General Rules: Please silence all cell phones during class. Use of laptops in class for coursework is permitted. Instant messaging, web surfing or email is not permitted. There will be a 5 minute break about halfway through each class.
Books You Have To Buy:
Richard Stim, Patent, Copyright & Trademark: An Intellectual Property Desk Reference , 12th Ed.
(Nolo
Press, ISBN 1413312004)
Leigh L. Thompson, The Truth About Negotiations, 1st Ed., (FT Press, ISBN 0136007368)
Other Required Readings:
We will be assigning cases (see explanation below), articles, and other materials during the quarter.
You are expected to be prepared to discuss such materials in class.
Other Useful Books
Tad Crawford, Legal Guide for the Visual Artist, Fifth Edition (Allworth Press;
ISBN: 1581157428 ).
Roger Fisher and William Ury, Getting to Yes: Negotiating Agreement Without Giving In , Revised/2d
Edition (Penguin; ISBN: 0143118757)

William Zinsser, On Writing Well, 30th Anniversary Edition (Harper Perennial; ISBN:
0060891548)
In addition to our course book, Nolo Press also produces a number of topic-specific legal guides you may find helpful. See pp 12-13 in Stim.
Online Resources: www.thewla.org Washington Lawyers for the Arts. A nonprofit service organization dedicated to supporting the arts in Washington state by creating alliances and making legal resources accessible to artists and arts organizations of all disciplines. www.artisttrust.org A Seattle based organization dedicated to serving individual artists www.eff.org An organization dedicated to preserving free speech and fair use, especially on the
Internet. www.clancco.com A useful Arts and Law site.
COURSE REQUIREMENTS
Seminar : As noted, this is a seminar class, so speak up! To paraphrase the late David Foster
Wallace: You are forbidden from refraining from asking a question or making a comment because you think it will sound obvious or unsophisticated. Because law is such a strange thing to teach (and learn), a simple-seeming question or comment can end up being valuable or even profound. We are serious about creating an environment where everyone feels free to contribute.
Attendance: Please make every effort to attend every class session. In the event there is a true emergency that requires you to miss a session, please let us know beforehand.
Late Work: We will not accept late work unless (a) there is an appropriate reason the work is late; (b) we have been notified that the work will be late before the work's due date.
Plagiarism : As Wikipedia notes, plagiarism is the wrongful appropriation or close imitation of someone else's work and the representation of it as one's own original work. Don't do it. I'll be disappointed and you'll be reported. However, this does not preclude working in groups, sharing tips, or discussing your work with others. Feel free to work together, just don't copy or steal!
GRADES
In addition to class participation, your grade will depend on the following components.
Case Presentation : One goal of this course is to familiarize you with the sources of those laws which affect the arts. One of these sources is case law—a decision written by a judge which explains why she ruled the way she did. You will have to read a case (or cases) for many classes.
Each of you will be responsible for reviewing at least one case and presenting it to the class. You will also be turning in a formal brief of the case(s). We will provide more details on the requirement during the first class session.
Mid-Term: There will be a mid-term. It will consist of T/F, multiple choice, short answer, and short essay questions. Here is a sample: "Copyright includes the following bundle of exclusive rights (name at least four):"

Final Paper : The course requires you to write a paper on a legal issue pertinent to the arts.
Topics can range from an issue you are facing in your current organization, law and policy related to your practicum, or a current legal controversy. The paper should reflect the content of the course and reference relevant topics. The paper should be at least 6-8 pages in length, singlespaced and cite the sources of your information.
We encourage you to discuss your selected topic with us prior to beginning work on the paper. A summary and tentative outline of the paper will be due on February 6 . Final papers are due on the last class session (currently March 6 ).
This assignment will be discussed in more detail at the first class.
Other Work : From time to time homework assignments will be given. For example, you will be asked to fill out a copyright application and to document a trademark search you conduct.
Here's the breakdown on each component's weight:
 Class Participation/
Case Presentation:
 Mid-Term:
 Final Paper:
40%
20%
40%

CALENDAR
Please complete reading assignments prior to class each week . Note, sessions may be rescheduled and topics/readings revised from time to time.
January 9 (W)
Overview
 What is art? What is law? How and why do they intersect?
Where do you find law pertaining to arts?
 The legal system: The basics
Walk through a First Amendment case
Reading:
Spence v. State of Washington , 418 U.S. 405 (1974), which can be found at: http://openjurist.org/418/us/405/spence-v-state-of-washington
January 12 (S)
First Amendment
 What does the Constitution mean by "freedom of speech."
What speech can be regulated? Why? What types of speech get the most protection?
Reading:
Bery v. City of New York , 97 F.3d 689 (2d Cir. 1996), which can be found at: http://openjurist.org/97/f3d/689/bery-v-city-of-new-york (Presentation 1)
January 19 (S)
Copyright - Rights and Infringement; Fair Use
 What are the legal and policy bases of copyright?
What is protected by copyright? What are the requirements for protection?
 What rights does a copyright owner have? What remedies?
How do we determine if a work has been infringed?
 Will Mickey Mouse ever fall into the public domain?
Reading: Stim, 186-194; also, selected terms (see checklist on ANGEL)
17 USC 102, 106 (Stim, p. 346, 347-48) [No need to read 106A.]
Copyright Basics Circular (see www.copyright.gov/circs/circ01.pdf)
Feist Publications, Inc. v. Rural Telephone Service Co.
, 499 U.S. 340 (1991) at www.law.cornell.edu/copyright/cases/499_US_340.htm (Presentation 2)
Nichols v. Universal Pictures Corporation , 45 F.2d 119 (2d Cir. 1930) (Presentation 3)
January 26 (S)
(a) Copyright - Fair Use and Parody
 Is it ever OK to use someone else's art for your own purposes?
What is Fair Use? Parody? Why do courts allow these exceptions to copyright?
Readings: 17 USCS Section 107 (Stim, p.349)
Stim, Fair Use, p. 244; Parody and Fair Use, p.277;

Rogers v. Koons , 960 F.2d 301 (2d Cir. 1992), which can be found at http://openjurist.org/960/f2d/301/rogers-v-koons (Presentation 4)
Campbell v. Acuff-Rose Music , 510 U.S. 569 (1994)
Take a quick listen to http://www.youtube.com/watch?v=65GQ70Rf_8Y (Presentation 5)
(b) VARA and Moral Rights
 What are Moral Rights?/droits moraux?
 Can a law protecting art hurt artists? How/why?
 What works of art are covered by the Visual Arts Rights Act (VARA)?
 Why limit VARA's coverage?
Readings: 17 USCS Section 106(A)(Stim, p.348)
Stim, Work of Visual Art, p. 307
Phillips v. Pembroke Real Estate, http://www.ca1.uscourts.gov/pdf.opinions/05-1970-01A.pdf
(Presentation 6)
February 2 (S)
(a) Trademarks
 What are Trademarks? What is their source in the law?
 What rights do trademarks protect?
 What are the requirements for obtaining a trademark?
 What is "likelihood of confusion"?
Readings: Stim, 344-355; also, selected terms (see checklist on ANGEL)
White v. Samsung Elecs. Am., Inc.
, 971 F.2d 1395, 1400 (9th Cir. 1992), available at www.altlaw.org/v1/cases/446019 (Presentation 7)
(b) Rights of Publicity, Privacy and Other Torts (defamation, etc.)
 What are publicity rights? What is their source in the law?
 What attributes are protected by publicity rights?
 What is the right to privacy? When is it infringed?
 What is defamation? Libel?
Readings: Right of Publicity, Stim, page 481
Washington's Right of Publicity Law, found at: apps.leg.wa.gov/RCW/ default.aspx?cite=63.60
Nussenzweig v DiCorcia , found at www.courts.state.ny.us/reporter/3dseries/
2006/2006_50171.htm (Presentation 8)
February 6 (W)
Social Media
Speaker TBD
Readings TBD

February 16 (S)
(a) Mid-Term
(b) Speaker TBD
February 23 (S)
Contracts
 What are the basics of contract law? When is a contract formed?
 What is a work for hire? What are the requirements for finding a work to be a work for hire?
Readings: Community for Creative Non-Violence et al. v. Reid , 490 US 730 (1989) available at http://www.law.cornell.edu/copyright/cases/490_US_730.htm (Presentation 8)
March 2 (S)
Negotiation
Readings: Thompson (Presentations 9 and 10) ; Sally Soprano (In-Class Exercise)
March 6 (W)
Labor Law
Speaker TBD
Readings TBD

Grading Criteria for Written Work
1.
The "A" project is excellent in nearly all respects:
 Ideas: The core idea/thesis is clear, engaging, sophisticated, and suitably specific.
 Support: Evidence is effective and provides sufficient, convincing support for the points presented.
 Focus and Organization: The writing is well-structured and thoughtfully considers the subject, purpose, and audience.
 Style: The writing is clear, focused, and shows a solid command of language.
 Mechanics: The writing contains few, if any, spelling, punctuation, or grammar errors.
2.
The "B" project is solid in most respects:
 Ideas: The core idea/thesis is clear and engaging, but less sophisticated and/or suitably specific.
 Support: In general, evidence is effective, but requires more evaluation or qualification.
 Focus and Organization: The writing is generally well-structured and paragraphs support the core idea/thesis, but transitions between ideas/points require some polish.
 Style: The writing is less clear, focused, and/or effective.
 Mechanics: The writing contains a few minor spelling, punctuation, or grammar errors, but they do not obscure the discussion.
3.
The "B minus or lower" project could use improvement:
 Ideas: The core idea/thesis is general, and less sophisticated and/or suitably specific.
 Support: Evidence is not well integrated and/or does not adequately support the idea/thesis or points presented.
 Focus and Organization: Paragraphs could better support the core idea/thesis, or transitions between ideas/points require improvement.
 Style: The words chosen are vague or inappropriate, or sentences may be unfocused, wordy, or unclear.
 Mechanics: The writing contains more spelling, punctuation, or grammar errors.