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Innovation Law Syllabus, Spring 2006
Professors Murphy and Noveck
T, TR - 6:00-7:15 pm, B400
Week 1 - Introduction to Innovation and the Law
Tuesday, January 17: Introduction - What Is Innovation?
Law: Copyright Basics
Thursday, January 19: Original Work of Authorship? The Internet and Challenges to the Notion of Originality and Authorship (Murphy)
Law Case Study: Copyrighting Code
Technology Case Study: Source and Object Code
Week 2 - The Rights of Copyright
Tuesday, January 24: Music Copyright Refresher (Murphy)
Thursday, January 26: Rights of Copyright Owners: Right of Reproduction (Murphy)
Law: Right to Copy
17 USC 106
Arnstein v. Porter, 154 F.2d 454 (2d Cir. 1946) (infringing the right to copy) (review)
Positive Black Talk v. Cash Money Records (5th Cir. 2005)
Bridgeport Music, Inc. v Dimension Films, 383 F.3d 390 (6th Cir. 2003)
Newton v. Diamond , 388 F.3d 1189 (9th Cir. 2004)
Technology Case Study: Pianola Rolls and Copyright Law's Response (Browse Online)
History of the Pianola
Browse web resources
White-Smith Music Co. v. Apollo Co., 209 U.S. 1 (1908)
Week 3 - Idea v. Expression
Tuesday, January 31: When is a Copy Not a Copy?
Law and Technology Case Study: Google Print
Thursday, February 2: Databases (Noveck)
17 USC 105 , 17 USC 201
Feist Publications v. Rural Telephone, 499 U.S. 340 (1991) (excerpt)
Assessment Technologies v. WireData, 350 F.3d 640, 2003 WL 22783823, 7th Cir.(Wis.) (Nov 25, 2003)
Consumer Access to information Act of 2004 (HR3872)
Database and Collections of Information Misappropriations Act of 2003 (H.R. 3261)
EU Database Directive 96/9/EC
Copyright Office Report on the Legal Protection of Databases (1997, pps. 1-15)
Week 4 - Rights of Distribution, First Sale Doctrine and Right to Prepare Derivative Works
Tuesday, February 7: Right of Distribution and the First Sale Doctrine (Noveck)
17 USC 109
R. Anthony Reese, The First Sale Doctrine in the Era of Digital Networks
See www.sharedevil.com
Thursday, February 9: Right to Prepare Derivative Works - Machinima and the Future of Film (Noveck)
Law:
17 USC 102, 17 USC 103
Paul Goldstein, Copyright's Highway, Chapter 3 and 4
Technology Case Study: Machinima (read online)
Machinima.org (Browse)
Red versus Blue (Browse)
Fiona Ng, Thinking Outside the Xbox for Films, LA Times, January 3, 2004
Brad King, Machinima: Games Act Like Films, July 23, 2002, Wired
Leander Kahney, Games Invade Hollywood's Turf, Wired, July 9, 2003
FAQ on Machinima: What is Machinima?
Lights, Camera, and Machinima
Week 5 - Rights of Performance - The Future of Music
Tuesday, February 14: Digital Music (Murphy)
Law:
Audio Home Recording Act , 17 USC Chp.10 and 17 USC 115
Recording Industry Association v. Diamond Multimedia, 180 F.3d 1072 (9th Cir. 1999)
UMG v. MP3.com (S.D.N.Y. 2000)
William Coats, Heather Rafter, Vickie Feeman, John Given, Streaming into the Future: Music and Video Online, Loyola of Los Angeles Entertainment Law Journal, volume 20, pp. 285-307. (skim)
Technology:
Satellite Radio (XM and Sirius); iTunes
Music Copyright and the Challenge of P2P
Thursday, February 16 (Murphy)
Law:
Fred Von Lohmann, P2P Whitepaper: P2P File Sharing and Copyright Law After Napster (Electronic Frontier Foundation) (browse)
Clay Shirky Writings on P2P (browse online)
MGM v. Grokster, __ U.S. __ (2005)
William W. Fisher, Promises to Keep: Technology, Law and the Future of Entertainment, Chapter 6 (Pages 1-4); Development of an Alternate Compensation System for Digital Media in a Global Environment; William Fisher, A Royalties Plan for File Sharing, CNet (July 11, 2003)
Week 6
Tuesday, February 21: No Tuesday classes - Monday classes meet
New Rights of Copyright Holders: ParaCopyright and Intermediaries
Thursday, February 23: Digital Millennium Copyright Act (Subpoena Power) (Noveck)
Week 8 - New Rights of Copyright Holders: The Right to Use
Tuesday, February 28 Digital Millennium Copyright Act (Anti-Circumvention) (Murphy)
Law
Technology Case Study: DVD
Thursday, March 2 (Mike Godwin, EFF)
Law
Technology Case Study: Digital Rights Management & E-Books (browse)
March 7 & March 9: No Classes, Spring Break
Week 9 - Licensing and Contracts for Copyrights
Tuesday, March 14: Linux and Open Source Computing - What is Open Source?
Thursday, March 16: Why Open Source
Friday, March 17: Open Source Licensing - IBM Lecture - 9-12 (optional)
Week 10
Tuesday, March 21: Faculty Presentation Day, Special Class Meeting Time - 7:30-8:15
Special, shortened class meeting after the last panel 7:30-8:15
Creative Commons License (some rights reserved) - browse website thoroughly and make sure to create your own license
Thursday, March 23: Art and the Net (Brian Murphy)
Week 11
Tuesday, March 28: Net and Art Cont'd, Character and Copyright
- Marvel Enterprises, Inc. v. NCSoft Corporation (Complaint)
- Marvel Enterprises, Inc. v. NCSoft Corporation, __ F. Supp __ (C.D Cal, March 9, 2005)
- Gerald O. Sweeney, Jr., John Williams, Mortal Kombat: The Impact of Digital Technology on the Rights of Studios and Actors to Images and Derivative Works, Lord, Bissell and Brook, Newsletter (revised from Entertainment Law Review).
Thursday, March 30: MMPORGs, Videogames and Copyright
Law:
Technology Case Study: Game Emulators & Game Mods
Week 12
Tuesday, April 4: Digital Property/Virtual Property
Thursday, April 6: Joint Works and Collaborative Creativity
Week 13 Google Law
Tuesday, April 11:
Thursday, April 13: Passover, No Class
Week 14 - Defenses to Copyright Infringement
Tuesday, April 18:
Law
Technology Case Study: Digital Video Recorders
Tuesday, April 20:
Law
Week 15
Tuesday, April 25
Thursday, April 27
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