The Future of Copyright: Teaching

IP law seems to be moving so quickly these days that figuring out how to teach it and what to teach is ever more challenging.  This month (December), I’m grading final Fall papers and preparing for Spring courses, and that means deciding — again — what to do with Copyright Law.

Last year a student comment made me pause in a way that student comments rarely do. Reviewing last Spring’s Copyright Law course, the student expressed satisfaction with the course as it was but disappointment that my work on knowledge commons had not been expressed in the course — even indirectly.

That comment motivated me to look under the hood of the course in a way that I had not done in a long time.

Changes in the works:

  • Reducing the coverage of the “traditional” principles and doctrines of copyright, focused on the exclusive rights of the copyright owner and limitations and exceptions thereto.
  • Expanding the coverage of problems associated with secondary liability and service provider liability.
  • Expanding discussion of “regulatory” copyright, meaning compulsory and statutory licenses and collecting societies.
  • Introducing discussion of comprehensive copyright reform. Congress is talking about it, the Copyright Office is talking about it, the American Law Institute is talking about it — so I’ll talk about it with our students.

All in all, the revisions are designed to capture more explicitly an “institutionalist” focus on this area of the law, meaning how the law interacts with formal and informal groups of various sorts, not just with individual authors or copyright owners or copyright users and re-users. That’s closely aligned with the theme of the knowledge commons work, even if “commons” stuff as such will make a cameo appearance at best.

Along the way, I am getting rid of the traditional casebook.  I’m in the middle of editing a package of cases, and for secondary material and context I will be using parts of the excellent Open Intellectual Property Casebook from the Duke Center on the Public Domain, via Jamie Boyle and Jennifer Jenkins, plus some stuff of my own devising.

And … because software copyright is much in the news these days, courtesy of Oracle and Cisco Systems, my writing assignments for the students (no exams in my IP courses – only client memos!) will all focus on that subject.

All in all, there is a fair amount of experimentation ahead.