Copyright Law (Law 278.31)

Eric Goldman

Boalt Hall School of Law

Spring 2002

 

1.                  Sessions. The class meets Tuesday afternoons from 3:10 to 4:50 between January 22 and April 30 in Boalt Hall room 105. The class will not meet on March 26 due to Spring Break. Also, there will be an optional review session to be held at the time/place scheduled by the school.

 

2.                  Prerequisites. Introduction to Intellectual Property (Law 278.3) is recommended but not required.

 

3.                  Casebook and Coverage. We will use Copyright Cases and Materials (6th edition) by Gorman and Ginsburg (ISBN 1-58778-375-4), along with the 2002 Statutory Appendix (ISBN 1-58778-372-X). Make sure you get the right edition葉he 6th edition has just been published.

 

Some subjects we won稚 address in detail: 1909 Act formalities (including duration and copyright notice requirements); preemption; special rules regarding the government, libraries and educational institutions; importation; international treaties; maskworks; vessel hulls; and music issues and the Audio Home Recording Act.

 

4.                  Final Exam. The class is graded solely on the final exam, which probably will be 2 hours long with 2-3 essay questions and perhaps some short answer questions. Pursuant to Academic Rule 3.02(D), the grades will be approximately 10% HH, 30% H, and the remainder P, PC or NC.

 

5.                  Email. I will occasionally send out class announcements and articles of interest to the email alias provided by the school.

 

6.                  Office Hours. I will be available in room 455 from 2:30 to 3 each Tuesday before class. Alternatively, we can arrange to meet at my Brisbane offices or on-campus earlier on Tuesday. Email is usually the best way to reach me; however, in particularly busy times, I may need a few days to respond. Please note that I have another class in Santa Clara on Tuesday nights, so my time after class will be very limited.

 

7.                  Jobs. If you are interested, we can meet to discuss your job searching efforts. If you want to chat, email me your resume (in the text of the email, not as an attachment) and some proposed times when you can meet in my offices or during office hours.

 

8.                  Contact Information.

 

Eric Goldman

Epinions, Inc.

8000 Marina Blvd., 5th floor

Brisbane, CA 94005

Phone: (650) 616-6536

Fax: (650) 532-1269 x1379

eric@epinions.com

Driving directions from Berkeley: 80W to 101S to Sierra Point Parkway. At the end of the offramp, bear left and then go straight through the stop sign. In a mile or so, you will go under the 101. Then, 8000 Marina Blvd. is the 8 story building behind Hitachi. Go to the 5th floor.

 

My personal website is at http://eric_goldman.tripod.com.


CLASS SCHEDULE

 

January 22悠ntroduction and background on copyright law

 

 

Note: OMIT the rest of Chapter 1.

 

January 29 through February 12邑hat is copyrightable?

 

 

Note: OMIT pages 83-90 (fixation), 155-160 (databases), 179-185 (CONTU), 226-258 (architectural works, characters, government works, copyright in porn)

 

February 19邑ho owns a copyrighted work?

 

 

Note: OMIT pages 278-281 (teacher exception) and 335-337 (transfer by operation of law)

 

February 26 to March 12唯enefits of ownership

 

        Reproduction用ages 414-446, 463-480 and 491-498 and Secs. 106 and 501

        Derivative works用ages 511-527 and 165-179

        Moral rights用ages 527-543 and Sec. 106A

        Distribution and first sale用ages 543-551

        Perform and display用ages 559-570, 577-580 and Kelly v. Arriba

        Rights in new media用ages 306-325

 

Note: OMIT pages 446-463 and 480-491 (more on similarity), 498-511(phonorecords), 551-559 (importation), 570-577 (musical performances) and 580-613 (digital performance and various exceptions)

 

March 19 to April 9友air use

 

Pages 614-717 and 722-748 and Sec. 107; also read Cook v. Robbins

 

Note: OMIT pages 717-722 (Sec. 108)

 

April 16友un topics #1

 

Limits on ownership

 

        Duration用ages 342-343 and 349-350 and Sec. 302 (skip the rest of Chapter 4)

        Misuse用ages 835-837

 

Formalities

 

        Copyright notices用ages 383-384 and Secs. 401-406

        Deposit and registration用ages 407-412 and Secs. 407-412

(skip the rest of Chapter 5)

 

Special Types of Infringement

 

        Criminal用ages 780-782 and Sec. 506 and 507(a)

        Contributory and vicarious infringement用ages 782-806

 

April 23友un topics #2

 

Remedies

 

Pages 749-772 and 776-780 and Secs. 502-505, 507(b), 509

(Skip pages 772-776 on the 11th amendment)

 

Preemption

 

Pages 838-846 and Sec. 301

 

Anti-circumvention and copyright management information

 

Pages 806-835 and Secs. 1201-1205

 

April 30祐pecial issues, catch-up and closing

 

        Protecting factual data

        Drafting copyright licenses

        The future of copyrights