School of Law Lewis & Clark Law School Professor Lydia Loren Copyright Law Spring 2008
 



Copyright Law

Required Text
-Cohen, et. al, Copyright in a Global Information Economy (2d ed. Aspen 2006) [noted as "CB" on syllabus]
-Cohen, et. al, Copyright in a Global Information Economy: Case and Statutory Supplement 2007 [noted as "Supp." on syllabus]

Casebook website: http://www.coolcopyright. com

Syllabus

NOTE: This class requires the IP Survey course as a prerequisite. Many of the reading assignments include cases that I consider to be "review," i.e. cases that were covered as part of the curriculum in the IP Survey class. These cases are designated as "Review Cases" on the syllabus. I expect you to read these cases to the extent you need to in order to refresh your understanding of them. This is especially important as the vast majority of "Review Cases" are the precedent setting cases in the area. We will not review these cases in detail during class discussion, but you will be expected to be familiar with these cases as we discuss the other assigned cases and the concepts at issue.

Introduction
January 14
CB pp. 3-42
PowerPoint file from class

I. Authors, Writings, and Progress
January 16
A. Fixation and Originality
CB. pp. 45-72
Supp. pp. 349-353
Review Cases: Williams Electronics, Sarony, Bleistein.
PowerPoint file from class

January 23
B. Idea/Expression Dichotomy
CB pp. 72-90
Review Case: Baker v. Selden
PowerPoint file from class

January 24 -- Thursday -- Special MLK Lecture
See note under January 21

January 28
C. Derivative Works
CB pp. 90-101
PowerPoint file from class

D. Compilations
CB 101-110
Review Case: Feist
PowerPoint file from class

January 30
E. Who is an Author?
CB pp. 110-138

February 4 -- Class Canceled
Professor Loren will be speaking at DePaul School of Law
Make-up will be scheduled

II. Acquiring, Keeping and Transferring Copyright
February 6

A. Formalities
CB pp.139-152

B. Duration
CB pp.153-169

PowerPoint file from class

February 11
C. Renewals and Terminations of Transfers
CB pp. 169-182
Supp. p. 356
PowerPoint file from class

February 13
D. Transfers
CB 182-207
PowerPoint file from class

III. Boundary Problems
February 18
A. Software 235-269
(review case: Lotus)
PowerPoint file from class

February 20
B. Architectural Works
pp. 269-280
C. Characters
pp. 280-290
Honda Commercial
PowerPoint file from class

IV. Rights of a Copyright Owner
February 25
A. Elements of Infringement
pp. 313-325
(review cases: Three Boys Music)
B. Reproduction
-The substantially similar copy
pp. 325-326; 336-359; supp 359-363
PowerPoint file from class

February 27
B. Reproduction (continued)
- The exact copy
pp. 359-364
C. Distribution of copies
pp. 365-384; supp 363-64
PowerPoint file from class

March 3
D. Preparation of derivative works
pp 385-408; supp 364
PowerPoint file from class

March 5
E. Moral rights
pp 408-426; supp 365
PowerPoint file from class

March 10
F. Public Performance and Display
pp 426-443; supp 365-370
(Review case: Redd Horne)
PowerPoint file from class

March 12
G. The Music Industry
pp. 443-472; supp 370
PowerPoint file from class

V. The Different Faces of Infringement

Monday March 17
A. Third Party Liability
pp. 473-488, Supp. 371-372
B. Device Manufacturers
pp. 488-501
PowerPoint file from class

Wednesday March 19
C. On-line Service Providers
pp. 501-511, Supp. 372-374
D. Criminal Infringement
pp. 511-523
PowerPoint file from class

Monday March 31 -- Class Canceled
Professor Loren will be speaking at: Developing International Norms for Limitations and Exceptions to Copyright, Cardozo School of Law

Wednesday April 2
Criminal Infringement, pp. 511-523
Begin Fair Use:
pp. 525-554 (review cases: Harper & Row, Campbell)
PowerPoint file from class

Monday April 7
Fair Use -- continued
Supp. 375-379, pp. 556-73, Supp. pp. 380-83
PowerPoint file from class

Wednesday April 9
Fair Use -- continued
pp. 576-602, Supp. 384
PowerPoint file from class

Monday April 14
Technological Protection Measures
pp. 603-626, Supp. 385
PowerPoint file from class

Wednesday April 16
Class Canceled due to illness
pp. 627-644, Supp. 386-391

Monday April 21
Class evaluation day
Technological Protection
pp. 627-644, Supp. 386-391
PowerPoint file from class

Wednesday April 23
Preemption
pp. 649-651, 666-676, 699-717,
Note On Breach versus Infringement
PowerPoint file from class

Monday April 28
Misuse
pp. 718-734
PowerPoint file from class

Special Recorded lecture
Litigation Issues and Damages
pp. 777-794
PowerPoint file
Audio lecture (about 55 minutes long)
You will need your L&C username and password to retrieve this file

Class Meets:
Mondays & Wednesdays
8:00pm - 9:30 pm
Classroom 7

Professor Loren
(503)768-6755
loren@lclark.edu

Calendar Notes
No class will be held:
Monday 1/21
Monday 2/4
Monday 3/31

Exam
Tuesday May 6
6:00pm Room 2

Special Lectures
Thursday 1/24:
Martha Minow
"Just Schools, in the Post-Brown Era: What Would Dr. King Say?"

March 13-23:
Higgins Visitors
Sam Issacharoff and Cynthia Estlund
(more details will be posted soon)

Tuesday 4/8:
Distinguished IP Visitor
Graeme Dinwoodie
Developing Defenses in Trademark Law