Learning about Copyright Law

Learning about ... Copyright Law
led by Peter W. Martin

topics covered

[Working Schedule - Fall 2000]

Introduction

Topic 1: Overview

A- The field
B- The course
C- Introduction to the structure of copyright and the Copyright Act

Topic 2: What Types of Intellectual Product or Creative Activity are Covered (and Excluded)?

A- Fixation
B- Originality
C- Covered (and not covered) works of authorship, including works that contain both covered and public domain elements

Topic 3: What Must Be Done to Establish Initial Entitlement?

A- Fixation (see Topic 2)
B- Notice
C- Publication
D- Registration and Deposit (see Statute)

Topic 4: Whose Entitlement Is It? -- Effect of institutional context on who holds what rights (e.g., employment, collaborative or cumulative work)

A- Work for Hire
B- Joint Work
C- Other Possibilities

Topic 5: Content of Entitlement - What activities by others are actionable infringement on the entitlement?

A- Reproduction right
B- Distribution Right and Right of First Sale
C- Derivative works
D- Public performance or display right
E- Other Rights (e.g., Rental)
F- Who is/are the infringer(s)? - Direct and vicarious infringement

Topic 6: Content of Entitlement - Fair use and other important exceptions

A- Fair use
B- Other exceptions

Topic 7: Content of Entitlement - Duration and transferability (Whether and how -- During the creator's lifetime, at death -- Divisibility)

A- Duration
B- Licensing, assignments, and estate planning

Topic 8: Copyright Litigation - Technical matters – Jurisdiction, venue, taking the initiative (declaratory judgment actions)

Topic 9: Copyright Litigation - Proving infringement (or a defense)

Topic 10: Copyright Litigation - Remedies

Topic 11: Federalism Questions - Where does this body of intellectual property fit in the federal-state matrix?

Topic 12: The International Dimension

Topics covered
Readings
Reference materials
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