Feb. 16, 1999

Sequence of Topics

The following topics are listed in the tentative order for their exploration in assignments and discussion. If and when that order is revised I'll notify all members of the class by e-mail. A permanent archive of assignments will be maintained here through links from the appropriate topics on the list. When assignment #4 is current, for example, this document will carry links to assignments 1 through 4 and assignment #4 will also be linked from the initial course page "current assignment" menu item.

In addition to the assigned readings for each topic, the course has a collection of relevant background readings and useful Internet resources that can be accessed by clicking here.

I. What Is Different About Digital?

• Copyright Issues Generated By the Course Itself -- An Introduction to the Issues and Interests
• Copyright Issues:
• The "Tangible Medium of Expression" Threshold, § 106's Exclusive Rights, and the Education Safe Havens of § 110 Viewed Against the Digital Exchange of This Course
• Understanding "Joint Works", "Works for Hire", "Fair Use" in the Light of This Course
• If There is Infringement, Who is Liable and with What Consequences?
• Assignments:
• Assignment #1
• Assignment #2

II. Issues Associated With Specific Categories of Digital Works, Environments, or Roles

• The Major Forms of Activity Carried Out on the Internet (and Key Actors)
• Copyright Issues:
• On-Line Liability for Infringement (Including Contributory and Vicarious Liability)
• Implied License (E-Mail, Listserv, WWW)
• Linking, Framing & Caching
• "Public" (As in "Public Display" and "Public Performance") and "Publication" on the Internet
• Assignments:
• Assignment #3
• Issues of Jurisdiction, Venue, and Remedy
• Assignments:
• Assignment #4
• Databases Containing Factual or Public Domain Works
• Copyright Issues:
• What Is in the Public Domain? The Line Separating Fact and Idea From Expression and the Creativity Threshold.
• The Relationship of Copyright to License
• Mixing Copyrightable Elements With Public Domain Material
• Moving from Print to Digital Media -- Consequences for the First Sale Doctrine
• Assignments:
• Assignment #5
• Assignment #6
• Multi-Media Works Distributed on CD-ROM or Via the Internet
• Copyright Issues:
• Collecting Rights - Interpreting Old Licenses/Assignments in the Light of the New Possibilities
• Applying the Act's Categories to Digital Multi-Media Works - Facts and "Ideas", "Sound Recordings", "Digital Audio", "Audiovisual Works", "Motion Pictures" - Definitions and Consequences
• Assignment:
• Assignment #7

III. Current Policies Issues and Proposals Within the Purview of the Course - As Framed and Resolved by P.L. 105-304

• List of Issues and Resources
• Assignments:
• Assignments #8 and #9

IV. Resumption of Consideration of Current Legal Issues Associated with Specific Categories of Digital Works

• Software
• Work Alike As Infringement
• Assignment:
• Assignment #10
• Partricularly Troublesome Infringement Issues: Interface, Interoperability, and Reverse Engineering
• Assignment:
• Assignment #11

V. Computer-Assisted or Enabled Creations

• CAD and More Advanced Creation Tools - Who (If Anyone) Holds Copyright in Their Output?
• Assignment:
• Assignment #12

VI. International Issues

• Assignment:
• Assignment #13