How to read the syllabus and find the reading assignments
Except as noted below, each assignment below corresponds tentatively to one class period, though the amount of material to be covered in class, the order of the assignments, and/or the contents of a particular assignment may be changed by prior announcement. Note, for example, that there will be more class meetings than there are assignments. Every effort will be made to incorporate new developments in copyright law into the Syllabus, where appropriate.
Within each assignment, in the middle column below, the Syllabus notes the required reading. In addition to the assigned readings, where a case or other material refers to the Copyright Act (Title 17 of the United States Code), students are responsible for locating and reading the section(s) of the Act to which the text refers. At least three, free online resources are available for that purpose:
- The Copyright Act at the Legal Information Institute.
- Intellectual Property: Law & The Information Society / Selected Statutes & Treaties / 2016 Edition (James Boyle & Jennifer Jenkins, eds.).
- The Copyright Act as supplied by the United States Copyright Office.
For some assignments, additional required supplemental cases or materials have been posted to the TWEN page for this course, on Westlaw.
Many of the assignments include, in the right column below, links to optional (but possibly entertaining and useful) supplemental material. Some provides historical context for the assigned cases. Some consists of clips from motion pictures and television shows that illustrate related copyright themes. In some cases, these, too, illustrate the assigned readings. In some cases, they are (one hopes) funny takes on relevant legal points. Some of the film clips contain spicy [NSFW] language, sounds, and/or images. In many respects the study and practice of copyright law requires lawyers to “toggle” between “law” and “culture.” Exploring the optional materials will help you learn to do just that.
Topic 1: The Problems That Copyright Solves
Class 1 (the first day of class): An Introduction to Copyright’s Institutional Settings
Required Readings
- Read the following article from the New York Times Magazine about the role of so-called collecting societies in the music industry: The Music-Copyright Enforcers (August 6, 2010)
- Is the Batmobile subject to copyright? Read DC Comics v. Towle [pdf] [docx]
- Slides from class
Optional Materials
- History of the Batmobile
- Read the following short articles from the New York Review of Books written by Professor Robert Darnton, former Director of the Harvard University Library, together with some comments on them. Each article is available online. If any of the links below to the New York Review of Books does not provide full access to the article, then go to Pitt’s University Library System page at http://www.library.pitt.edu/ and cut-and-paste the article title below into the search box. The search results will give you access to the full text, so long as you log in with your University of Pittsburgh credentials.
- Google & the Future of Books (Feb. 12, 2009)
- Google & Books: An Exchange (March 26, 2009)
- Google and the New Digital Future (Dec. 17, 2009)
Class 2: Why Copyright? Historical Context and Contemporary Challenges
Required Readings
- Read Boyle & Jenkins, Ch. 1 and Ch. 10, available on the Copyright Law – Spring 2019 page on TWEN, under “Course Materials.”
- Slides from class
Optional Materials
For those students with deeper interests in copyright history and theory, much of which is quite relevant today: Boyle, The Public Domain, Ch. 1 and Ch. 2. Both are available on the Copyright Law – Spring 2019 page on TWEN, under “Course Materials.”
Topic 2: The Purposes of Copyright, as Measured by Limitations: Fair Use
Class 3: Fair Use Basics – Cultural Interchange
Required Readings
Class 4: Fair Use Basics – Market Failure or “Productive Consumption”?
Required Readings
- A&M Records, Inc. v. Napster, Inc. [pdf] [docx]
- American Geophysical Union v. Texaco, Inc. [pdf] [docx]
- Slides from class
Optional Materials
- XEROX, The Story of Xerography
- SONY, Corporate History: The Video Cassette Tape
- SONY, Corporate History: Sony Goes to Battle for Its Favorite Child
- Wired, VHS Comes to America
- Buy and read James Lardner, Fast Forward: Hollywood, the Japanese, and the VCR Wars
- Daily Beast, 15 Years After Napster: How the Music Service Changed the Industry
Class 5: The Cutting Edge of Fair Use
Required Readings
- The Authors Guild v. Google, Inc. [pdf] [docx]
- Slides from class
Optional Materials
Topic 3: The Subject Matter of Copyright Law
Class 6: Fixation
Required Readings
- Section 102(a) of the Copyright Act and relevant selections from Section 101
- Williams Electronics, Inc. v. Artic International, Inc. [pdf] [docx]
- Garcia v. Google, Inc. [pdf] [docx]
- Slides from class
Class 7: Originality
Required Readings
- Section 102(a) of the Copyright Act and relevant selections from Section 101
- Feist Publications, Inc. v. Rural Telephone Service Co. [pdf] [docx]
- Burrow-Giles Lithographic Co. v. Sarony [pdf] [docx]
- Bleistein v. Donaldson Lithographing Co. [pdf] [docx]
- Meshwerks, Inc. v. Toyota Motor Sales U.S.A., Inc. [pdf] [docx]
- Mannion v. Coors Brewing Co. [pdf] [docx]
- Slides from class
Class 8: The Idea/Expression Distinction
Required Readings
Class 9: Authorship and Ownership
Required Readings
- Sections 201 and 202 of the Copyright Act and relevant selections from Section 101
- Lindsay v. The Wrecked and Abandoned Vessel R.M.S. Titanic [pdf] [docx]
- Erickson v. Trinity Theatre, Inc. [pdf] [docx]
- Aalmuhammed v. Lee [pdf] [docx]
- Community for Creative Non-Violence v. Reid [pdf] [docx]
- Aymes v. Bonelli [pdf] [docx]
- Roeslin v. District of Columbia [pdf] [docx]
- Slides from class
Class 10: Boundary Problems – Copyright and/vs. Trademark Law
Required Readings
- Section 103 of the Copyright Act and relevant selections from Section 101
- Dastar Corp. v. Twentieth Century Fox Film Corp. [pdf] [docx]
- Gilliam v. American Broadcasting Co. [pdf][docx]
- Re-read the Batmobile materials from Class 1
- Slides from class
Optional Materials
Assignment Number One will be distributed
around this time. The Assignment will be due on Friday, February 15, 2019.
Class 11: Boundary Problems – Copyright and/vs. (Design) Patent Law: Useful Articles with Pictorial, Graphic, or Sculptural Aspects
Required Readings
- Relevant selections from Section 101 of the Copyright Act (“Pictorial, graphic, and sculptural works”)
- Mazer v. Stein [pdf] [docx]
- Star Athletica v. Varsity Brands [pdf] [docx]
- Slides from class
Topic 4: The Statutory Rights of Copyright Owners
Many of the cases below feature claims of infringement in musical compositions and sound recordings. The Music Copyright Infringement Resource, hosted at the University of Southern California, contains an enormous volume of information about the works at issue in these and many other cases.
Class 12: The Elements of Infringement
Required Readings
Optional Materials
- Isley Brothers, Love is a Wonderful Thing
- Michael Bolton, Love is a Wonderful Thing
- Bee Gees, How Deep is Your Love
- About Abie’s Irish Rose
- About The Cohens and Kellys
Class 13: The Reproduction Right
Required Readings
- Section 106(1) of the Copyright Act and relevant selections from Section 101
- Steinberg v. Columbia Pictures Industries, Inc. [pdf] [docx]
- Boisson v. Banian, Ltd. [pdf] [docx]
- Mannion v. Coors Brewing Co. [pdf] [docx]
- Sid & Marty Krofft Television Productions, Inc. v. McDonald’s Corp. [pdf] [docx]
- Cavalier v. Random House, Inc. [pdf] [docx]
- Swirsky v. Carey [pdf] [docx]
- Rentmeester v. Nike, Inc. [pdf] [docx]
- Slides from class
Optional Materials
Read about the lawsuit between the estate of Marvin Gaye and Robin Thicke and Pharrell Williams over Blurred Lines and Got to Give It Up, and listen to the music:
- A summary of the Blurred Lines case
- Williams v. Gaye [pdf] [docx]
- Joe Bennett, Did Robin Thicke steal ‘Blurred Lines’ from Marvin Gaye?
- Dan Reitz, Blurred Lines case: An analysis of the piano arrangements as they were presented to the jury
- Robert Fink, Blurred Lines, Ur-Lines, and Color Lines
- Toni Lester, Blurred Lines – Where Copyright Ends and Cultural Appropriation Begins – The Case of Robin Thicke versus Bridgeport Music and the Estate of Marvin Gaye
Class 14: The Distribution Right
Required Readings
Optional Materials
The United Kingdom and Ireland each have a Public Lending Right, which does not exist in the United States. Read more here.
Class 15: The Right to Prepare Derivative Works, and Moral Rights
Required Readings
- Sections 106(2) and 104A of the Copyright Act and relevant selections from Section 101
- Lee v. A.R.T. Company [pdf] [docx]
- Lewis Galoob Toys, Inc. v. Nintendo of America, Inc.[pdf] [docx]
- Micro Star v. FormGen, Inc. [pdf] [docx]
- Warner Bros. Entertainment, Inc. v. RDR Books [pdf] [docx]
- Lilley v. Stout [pdf] [docx]
- Slides from class
Class 16: The Public Performance and Public Display Rights
Required Readings
Classes 17 and 18: Licenses, Deals, and the Mechanics of Transfers
Required Readings
- Section 204 of the Copyright Act and relevant selections from Section 101
- Asset Marketing Systems, Inc. v. Gagnon [pdf] [docx]
- Boosey & Hawkes Music Publishers, Ltd. v. The Walt Disney Company [pdf] [docx]
- Random House v. Rosetta Books [pdf] [docx]
- Vernor v. Autodesk, Inc. [pdf] [docx]
- Jacobsen v. Katzer [pdf] [docx]
- F.B.T. Productions v. Aftermath Records [pdf] [docx]
- Slides from class
Assignment Number Two will be distributed
around this time. The Assignment will be due on Friday, April 5, 2019.
Topic 5: Copyright Enforcement – Who is Liable and How?
Classes 19 and 20: Identifying Defendants
Required Readings
- Sections 106 and 501 of the Copyright Act and relevant selections from Section 101
- Religious Technology Center v. Netcom On-Line Communication Services, Inc. [pdf] [docx]
- Fonovisa, Inc. v. Cherry Auction, Inc. [pdf] [docx]
- Perfect 10, Inc. v. Visa Int’l Service Ass’n [pdf] [docx]
- MGM Studios Inc. v. Grokster Ltd. [pdf] [docx]
- Slides from class
Optional Materials
Class 21: Remedies
Required Readings
- Sections 502 through 507 of the Copyright Act
- Bryant v. Media Right Productions [pdf] [docx]
- Columbia Pictures Television v. Krypton Broadcasting of Birmingham, Inc. [pdf] [docx]
- Engel v. Wild Oats [pdf] [docx]
- Dash v. Mayweather [pdf] [docx]
- Hamil America v. GFI [pdf] [docx]
- Salinger v. Colting [pdf] [docx]
- United States v. Liu [pdf] [docx]
Optional Materials
TBD
Classes 22 and 23: Service Providers
Required Readings
Topic 6: Regulatory Copyright
Class 24: Formalities
Required Readings
- Michael J. Madison, Formalities, on the Copyright Law – Spring 2019 page on TWEN
- Estate of Martin Luther King, Jr., Inc. v. CBS, Inc. [pdf] [docx]
- Slides from class
Class 25: Duration; Renewals and Terminations of Transfers
Required Readings
- Eldred v. Ashcroft [pdf] [docx]
- Stewart v. Abend [pdf] [docx]
- Slides from class
Optional Materials
- Rupa Marya v. Warner Chappell Music Inc. (the Happy Birthday to You case)
- ‘Happy Birthday’ Copyright Case Reaches a Settlement
Classes 26 and 27: Copyright, Compulsory and Statutory Licensing, and Collective Rights Organizations
Required Readings
Optional Materials
Topic 7: Have The Problems Been Solved? The Futures of Copyright Law
Class 28: Reform Proposals
Required Readings
Optional Materials
- Jessica Litman, Pamela Samuelson et al., The Copyright Principles Project
- Towards a modern, more European copyright framework (European Commission proposal of Dec. 9, 2015)
- American Law Institute, Restatement of the Law, Copyright project
- Creativity Without Law: Challenging the Assumptions of Intellectual Property, Kate Darling and Aaron Perzanowski eds., NYU Press (2017)
Assignment Number Three will be distributed during the last week of class. The Assignment will be due on the last day of exams.