Copyright LawPage 1

HamlineUniversitySchool of Law

Copyright Law

Fall 2007

Syllabus & Policies

Dean Jon M. Garon

1.Course Objectives:

The objectives of this course are (i) to introduce the student to the substantive area of copyright law and the concepts related to the creation and legal protection of intangible property rights; (ii) to expose students to a complex federal statutory code and develop the skills of statutory analysis; (iii) to develop an appreciation for the impact of federal rule-making on private commercial transactions; and (iv) to explore the impact of copyright in the marketplace through the use of the Internet and other electronic media.

2.Texts & Materials:

Required:

Gorman, Robert and Jane Ginsburg. Copyright Cases & Materials, 7th Ed., Foundation Press (2006), including Cumulative Case Supplement and Statutory Appendix (2007).

TWEN - Course Website. Students must enroll and provide an e-mail address.

The address is:

Recommended:

Stephen M. McJohn,Copyright: Examples And Explanations, Aspen Publishers (2006).

Information Circulars, Library of Congress, available

The required text, including the supplement must be brought to all classes. The reading assignments listed below refer to the casebook only. Please refer to TWEN and the Cumulative Case Supplement and Statutory Appendix as it relates to the materials for each class period. In addition, students are required to use the Internet and have an e-mail address to participate in the course.

3.Examinations and Grading:

Each student will receive a cumulative letter grade for the course. Course grades will be based on a final examination as well as three to six quizzes assigned during the semester and classroom participation. (The lowest of the quiz scores for each student will be discarded when determining the total quiz score.) Copies of sample quizzes and essays will be available on TWEN. Please be aware that the samples may reflect different course coverage than outlined for this semester, so not all materials previously tested will be covered. Students are responsible only for materials covered during the semester. Students are encouraged to take practice exams. I will be happy to review practice exams during office hours or by appointment.

4.Schedule Changes & Office Hours:

I will be available for office hours by appointment throughout the semester.I also welcome drop-in visits, whenever my schedule permits. You may contact me at 651-523-2968 or e-mail . To make an appointment, please contact Barbara Gritzmacher at 651-523-2968 or by e-mail at to arrange a time.

5.Attendance and Participation:

Attendance and participation are required for all classes. You are expected to arrive at class on time (subject to snow emergencies) and to remain in class throughout the session. Failure to be prepared counts as an absence. Unless excused by rule (see §1-110), you may be absent no more than three sessions. In rare circumstances, a student may make up an absence caused by an extraordinary situation through non-classroom participation. Students who miss more than the permitted amount may be academically dismissed from the course, receiving a “W” on their transcript,or receive a failing grade for failure to complete the obligations of the course, as appropriate and approved by the Associate Dean for Academic Affairs.

6.Reading Assignments:

Below is the preliminary schedule of reading assignments. This will serve as a guide for the semester. Students are responsible for staying current with the reading assignments, which may vary as we continue through the semester. The reading assignments reflect only the casebook materials. Students are also responsible for additional statutory and supplementary reading in the casebook supplement or listed in the syllabus.

Assignments:

WeekPage NumbersReading Assignment

1 1-49; 75-111Overview; Copyright Subject Matter

2502-589; StatuteStatute Review; Right to Produce WorksExclusive Rights

3-4908-998; 848-908Relief; Secondary Infringers

5-6 715-848Fair Use

7301-388Ownership; Work-For-Hire; Transfer

8-9388-502Duration & Renewal; Formalities

10164-181; 603-657Derivative Works; Moral Rights;

11589-603; 268-273;Phonorecords; Performance Rights

664-715

12-13111-164; 181-268Facts & Compilations; Computer Programs; Pictorial Works;

Architectural Works; Characters

14 273-280; 998-1075Federal Preemption; Contracts and other IP; Review

7.TWEN Website:

  1. Use of the TWEN:

The TWEN Website, an acronym for The Westlaw Educational Network, (Website) is a graphical bulletin board on the Web that provides references and resources for this course. This syllabus, current reading assignments, Internet resources, law review articles and cases available on the Website can be linked to the e-mail postings you place on the Website using an open discussion forum. Many of the course handouts and materials will be made available through the Website. To use it, you must agree to abide by the user agreement and the requirements set out in this syllabus.

  1. Protocol & Decorum

Messages sent to the Website are automatically made available to everyone who visits the Website. The list is monitored but not moderated. This means any message you send to the list will be immediately available for all list members without human intervention. I will read the list and participate in discussions from time to time, but the list is designed to be your vehicle to explore some of the ideas first addressed in class.

The list is an extension of the classroom. As such, the decorum and professionalism expected of you in class extends to all postings made to the list. I expect that you will extend the same courtesy to your fellow students on the list as you do in class. Feel free to disagree with the ideas expressed, but work to keep the discussions polite and focused on the ideas.

  1. Attribution of Postings

Always include your name and email address in the body of your message so that others may reply to you directly. Personal messages should be sent directly rather than the list as a whole. Please do not send your e-mail anonymously. I believe that this discourages both thoughtfulness and professionalism.

If you have a question or other item that you would like posted without attribution, send the message to me directly and I will forward it to the list if appropriate. If you send e-mails directly to me or ask questions that are of general interest, I will also edit those questions (and my response when applicable) and forward them to the class.

  1. Protection of Copyright

The LawSchool, its students and its faculty are all required to abide by copyright law. This is both as a matter of law and law school policy. Please respect this. The Website provides an excellent vehicle for sharing information, particularly information gleaned from other electronic resources (such as the Internet, Lexis or Westlaw). While this is an appropriate use of the Website, please be very conservative with respect to the amount of material that is reproduced in the e-mail. When appropriate, please post cites rather than significant portions of text from any source. A fair use defense to copying should be used sparingly, if ever.

Rev. 11/02/18