COPYRIGHT LAW
CRN 50230/ LAW 7572/ Fall 2006
ROOM 206
Overview, basic information, and syllabus (version 1.0)
Professor Justin Hughes
212-790-0260
hughes@yu.edu
BASIC INFORMATION
Class hours:
Tuesdays and Thursdays, noon – 1:15pm
There are make-up date scheduled for: Monday, October 9 and Monday, November 7.
Possible dates when class may be rescheduled because of Professor Hughes’ travel
schedule: November 14, November 16, and/or November 21.
Office hours:
Wednesdays, 2:30pm – 4:30pm AND I am very happy to meet by appointment. OR just stop
by the office when the door is open.
Course Materials:
1.
ROBERT A. GORMAN AND JANE C. GINSBURG, COPYRIGHT
(6th edition, Foundation Press, 2002, OR 7th edition, Foundation Press, 2006).
I recommend STRONGLY that you get a good copy of the 6th edition, if you can.
There is NOTHING in the 7th edition that you need for this class.
2.
Occasional, supplemental materials which will be available on the Angel system.
Exam/Evaluation Format:
1.
Grading in the course will be based on an open book, 24 hour take-home
examination.
2.
In addition, class participation will be used to adjust 10+% of the class upward.
Professor Hughes reserves the right to adjust downward for lack of class
participation.
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3.
As part of class participation, no internet use in permitted in the class (in case there
should be WiFi reception in our classroom). Professor Hughes may announce 1-2
classes during the semester to be “laptop free” – students will be asked to not use
their laptops during those classes. #2 immediately above applies.
OVERVIEW
For most of the twentieth century, copyright law was the provenance of a handful of experts in midsized firms in New York, with satellites activity and expertise in Los Angeles and Washington. That
all changed in the past 25 years as copyright has became a hotly contested area of law -- in the
courtroom, in Congress, and in international trade relations.
Copyright law is also fascinating because it offers theoretical issues worthy of a philosophy class -but with real world implications. How can we draw the distinction between an "idea" and its
"expression"? What is "originality"? How do we reward artists and writers of the present moment
without unduly constraining the speech of tomorrow’s artists and writers?
Cardozo’s IP program offers a wide range of copyright law courses; this course – and Professor
Beebe’s spring Copyright Law course – provide the basics of American copyright law exploring the
various kinds of works copyright protects and why; the different rights under copyright; limitations
and exceptions to those rights, including the fair use doctrine; copyright ownership issues; and how
liability arises under copyright law. Although the practice of copyright law is increasingly
international and high tech, this is one of the IP program’s introductory courses and focuses on the
statutes and rich case law that form the backbone of American copyright law.
SYLLABUS
Unless otherwise noted, all page assignments are from the Gorman and Ginsburg
casebook.
I.
INTRODUCTION – AN OVERVIEW OF THE NORMS, JUSTIFICATION, AND HISTORY OF COPYRIGHT
6TH EDITION
7TH EDITION
pp. 1 – 9
pp. 12 - 29
1 - 9 [chapter 1.A.1-6, stop at “International Copyright”]
12-28 [chapter 1.B, stop at the Burrow-Giles Lithographic case; in the
7th edition, the casebook authors have reformatted the material on
pages 20-28, but it is mainly the same.]
During the first two weeks, please review the following provisions of the current Copyright
Act: 17 USC §§ 102, 105 – 107, 201 – 202, 301 – 302.
You may wish to review § 101 for definitions relevant to other §§ you are reading here.
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II.
RIGHTS OVER WHAT? – THE SCOPE OF COPYRIGHT
6TH EDITION
7TH EDITION
A.
THE REQUIREMENT OF FIXATION
pp. 83 – 90 84 - 93
[through “Performers’ Right of Fixation”]
MAI Systems v. Peak, 991 F.2d 511 (9th Cir. 1993) On Angel system
B.
THE REQUIREMENT OF ORIGINALITY IN A 'WORK'pp. 75–83
75–84
[chapter 2.A.1]
pp. 34–37
33-36
[Bleistein v. Donaldson Lithographic Co. case]
pp. 165-179 164-181
[Derivative Works section]
C.
THE REQUIREMENT OF ORIGINALITY AND
THE PROTECTION OF PHOTOGRAPHS
29-33
[Burrow-Giles Lithographic Co. case]
Leigh v. Warner Bros, 10 F. Supp. 2d 1371 (S.D. Ga. 1998) on Angel
pp. 29-34
D.
E.
COMPUTER PROGRAMS
pp. 175-195 181-195
[stop at Lotus v. Borland in 7th edition]
EXPRESSIONS, NOT IDEAS
pp. 90 - 115 96-110
[in 6th edition, SKIP questions on 108-109
and
195-205
F.
G.
American Dental; questions on 115 are optional.
In 7th edition, second reading goes stops at
American Dental]
EXPRESSIONS, NOT FACTS
pp. 116-136 111-131
[to "Compilations"]
COMPILATIONS, NOT FACTS;
JUDGMENTS, NOT FACTS
pp. 136-137 131-132
141-153 135-147
149-151
[Roth Greeting Cards]
[Matthew Bender, CCC Information System,
and BellSouth Advertising cases]
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6TH EDITION
III.
7TH EDITION
H.
PICTORIAL, AND SCULPTURAL WORKS,
"USEFUL" ITEMS
pp. 195-203 221-231
[to “Separability” in both editions; in 7th edition,
reading starts at “2. The Problem of Applied Art]
Kieselstein-Cord v. Accessories by Pearl, 632 F.2d 989 (2nd Cir 1980)
Carol Barnhart v. Economy Cover Corp., 773 F.2d 411 (2nd Cir. 1985)
[Professor Hughes’ edited version of this case
will be available on ANGEL]
pp. 221-222 250-252
[Copyrightability of Typeface Designs]
I.
CHARACTERS
pp. 233-237 259-263
pp. 242
264-265
[in both editions to end of Anderson v. Stallone]
[squib on MGM v. American Honda Motor Co.]
THE RIGHTS OF COPYRIGHT AND THE PROBLEM OF SAMENESS
6TH EDITION
A.
7TH EDITION
THE RIGHT TO MAKE COPIES
pp. 414-417 502-506
420-498 509-586
[in both editions, SKIP Matthew Bender;
in both editions, stop at “Authors Reproducing
Works in Which They no Longer Own the
Copyright”]
B.
THE TRADITIONAL SPECIAL NATURE OF MUSIC
AND PHONORECORDS
pp. 498-506 589-597
[in both editions, through “Harry Fox License”]
C.
THE RIGHT TO DISTRIBUTION COPIES AND
THE "FIRST SALE DOCTRINE”
pp. 543-553 647-658
[up to Quality King Distributors]
Bobbs-Merrill, 210 U.S. 339 (1908) on Angel
D.
THE RIGHTS OF PUBLIC PERFORMANCE
AND OF PUBLIC DISPLAY
pp. 559-580 664-684
6TH EDITION
7TH EDITION
6TH EDITION
[up to Questions “1. Last year, Art Teest . . .]
7TH EDITION
Perfect 10 v. Google, C.D. Cal. 2006, on ANGEL
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pp. 580-588 686 -693
pp. 602-609 704-711
E.
IV.
DERIVATIVE WORKS
pp. 513-533 605-609
621-626
[in both editions, from “5. The Digital
Performance Right . . . “ through “When is a
Public Performance (not) also a Reproduction . .
.”]
[from "c. Secondary Transmissions " to
“Compatibility with the Berne Convention”]
[in 6th edition, SKIP Futuredontics; in 7th
edition, up to “Limitations on the Derivative
Work Right” and beginning of Moral Rights
section through Gilliam opinion]
FAIR USE AND OTHER EXCEPTIONS
6TH EDITION
A.
7TH EDITION
FAIR USE
pp. 614-633 715-738
636-649 746-759
658-668 776-785
[to Questions]
[Harper & Row]
[Sega Enterprises and Sony v. Connectix]
American Geophysical Union v. Texaco, 2nd Circuit 1994 on Angel
736-740 815-821
[Kelly v. Arriba]
669-675 826-843
[Sony v. Universal; A & M Records v. Napster]
722-732
B.
V.
OTHER EXCEPTIONS
pp. 588–596 693-700
[“Further Limitations . . . .” to “b. The Section
110(5) Exemption” in both editions; the
discussion of the “TEACH Act” at the end of this
reading is slightly different in the two editions.]
THIRD PARTY LIABILITY -- CONTRIBUTORY AND VICARIOUS
6TH EDITION
7TH EDITION
[Fonovisa V. Cherry Auction]
Sony v. Universal City Studios, on ANGEL
pp. 788-789 859-860
[A & M Record v. Abdallah]
pp. 783-788 848-853
6TH EDITION
7TH EDITION
pp. 789-785 861-865
[A & M Records v. Napster]
MGM Studios v. Grokster, Supreme Court, 2005, on ANGEL
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IV.
AUTHORS, OWNERS, AND DURATION
6TH EDITION
A.
7TH EDITION
OWNERSHIP – A FIRST CUT
pp. 259–273 301-315
276-295 320-340
297-303
344-351
306 – 318 356-368
B.
VI.
[to Questions]
[“With the Scope of Employment” to
“Questions” in 6th edition and to Gaiman case in
7th edition]
[statutory provisions and Effects Associates
case]
[Paramount Pictures and Boosey & Hawkes v.
Disney]
DURATION OF COPYRIGHT AND “RECAPTURE”
pp. 235–343 375-393
[begin with §201 and Tasini; stop with “The
Constitutionality of The Copyright Term
Extension Act. . . “ in 6th edition and Eldred v.
Ashcroft in 7th edition.]
347–349 413-414
[to Questions]
360-361 435-436
[review transition chart]
363–370 437-445
[Stewart v. Abend]
373-378 447-452
[to Questions]
ENFORCEMENT MECHANISMS
6TH EDITION
7TH EDITION
pp. 749-771 908-932
####
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[to Questions]