MM 450, Spring 2006

Issues in New Media Theory:

Intellectual Property in the Digital Age


Edward Lee Lamoureux, Ph. D.

Multimedia Program

Associate Professor, Communication

CGCC 315; office: 677-2378;
home: 672-5878; cell: 635-2605

ell@bradley.edu
Lamoureux's Office Hours:

Tuesday, 9-10; Tuesday & Thursday: 1:30-2:30      

 

Steve Baron, B.A., J. D.

Mandell, Menkes & Surdyk LLC
330 West Wacker Drive
Suite 300
Chicago, IL 60606
Phone: (312) 251-1009
SBaron@mms-law.net

 

M. Claire Stewart
Head, Digital Media Services
Marjorie I. Mitchell Multimedia Center
Northwestern University Library
(847) 467-1437
claire-stewart@northwestern.edu
http://staffweb.library.northwestern.edu/staff/cstewart/
http://copyrightreadings.blogspot.com
 


Notable Dates:

January 18, Classes begin

March 13-17 Spring Recess

March 22, Midterm Grades Due

April 19, Last day to drop classes

May 2, Last day of classes

May 3, Study Day

May 8 (Monday), 2:30-4:30 pm: Final Exam

 

Texts:
Lessig, Lawrence (2004). Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity. Penguin Press.
McLeod, Kembrew (2001). Owning Culture: Authorship, Ownership, & Intellectual Property Law.
Peter Lang.


Supplementary Materials:

DMCA (pdf) Summary of DMCA (pdf); Copyright Law of the United States; World Intellectual Property Organization (WIPO) Intellectual Property on the Internet: A Survey of Issues (.doc--4.4 MB, takes awhile); Eldred decision (pdf)]; Stanford Copyright and Intellectual Property site

Course Objectives:

            Multimedia students operate in production, management, and consumption environments filled with increasingly complex intellectual property issues and practices. MM 450 seeks to familiarize students with creative, social, cultural, and legal contexts and challenges surrounding the protection of  (1) intellectual property (2) intellectual creativity and (3) creative environments in the commons. Students should leave the course with an increased appreciation of interrelationships among the roles of law, public policy, economic development, and creativity in multimedia activities.

 

Special Considerations:

            Plagiarism merits an "F" on the activity and disciplinary action. DON'T copy each other's work and DO document sources properly. Students with BU certified learning disabilities should see me immediately if special arrangements are needed. No food, drink, or tobacco in the classroom. Professor Baron does not give out free legal advice. Don't ask him about personal legal business unless you intend to hire him.

Requirements:

            One 20-page paper. Draft due April 11, final due May2, presents the current status and history and philosophy in the development of one item--as it relates to computational communication and/or Multimedia-- from the following list (.doc, as assigned): copyrights; patents; trademarks; trade secrets; trade dress; url commerce; protection of computer software; unfair competition legislation; works made for hire; fair use or Teach Act; defamation of character; rights of privacy, rights surrounding publicity; peer-to-peer file sharing, international IP[200 points]. The paper should include a brief history of the topic as well as specific application to computational communication and/or multimedia issues. This is a state of the art literature review, not an opinion piece. A documented first draft for this paper is due [100 points]. Late papers (draft and final) face 25% reduction in value per 24 hour period after the start of class on the day due. Turn in electronic files of the paper (Microsoft Word attachment to email). Use MLA citation style. Do NOT stray from the computational communication and/or Multimedia mission; do not spend excessive time/space on historical developments before the "age of computers."

            Two Examinations. 200 points each. Exam 1 over textbooks: ; Exam 2 (final) over lectures and directly related online readings: Final Exam Period, May 8 (Monday), 2:30-4:30 pm

            Current Events Website. Each student must post and update a web site that links to and annotates current course-relevant events/articles (material cited may be no more than 2 weeks old and the material must be about topics we are covering within two weeks of the date you post). Students may not duplicate materials held on other students' sites. The site must list the date and time, source, title, and author for each posting (first come, first credited-list the date and time of your posting on the site and send the listing to the class email address to note its "passing." Send all three articles you plan to use in a single email per week). Minimum expectation: 3 items per week. Sites are "due" no later than 3pm each Friday. Do not link to general coverage of topics. Link to current events. Do not link to proprietary sites that require subscription. If the material is unavailable to others (due to subscription or registration or frequent cite updating) follow fair use practices for creating a abstracted version on your own site, with clear reference citation to the original. No flash websites; html only. [200 points]

            Teleconference Center Entry Ticket. After the first day, entry to the teleconference center for class requires submission (via email prior to class) of a brief reading summary of the day's assignment. No ticket, no credit for attendance, no exceptions. Students must be present and sign in during the class in order to get credit for the ticket/day. Each ticket will be graded and is worth 10 points. If the summary is delivered in the body of an email, make the subject line <yourlastname_dayX>. If the summary is delivered via an attachment to an email, name the file <yourlastname_dayX.doc>. Improperly labeled files will be returned without credit. No hard copy tickets.

Grading: Papers [300], Exams [400], Web Site [200], Entry Tickets [130]

A: 1000-885   B: 884-785      C: 784-685     D: 684-585     F: > 585

[since this course is set up with built-in extra credit (for perfect attendance and tickets), grades will be computed out of 1,000]

 

Flexible Schedule

January

19       [day one]General Introduction to the technology, teachers, course [Baron, 1; Stewart, 1; and Ed ]
article about 321 studio
321 shuts down
Eldred vs. Ashcroft
Grokster loses
Bit torrent in bed with Hollywood
Who are the real pirates?

Lessig, Chapters 13 & 14: Eldred and Eldred II

 

Assignment for 1/24: David Bollier (available as .pdf file from his website <http://www.bollier.org/reclaim.htm> "Reclaiming the American Commons"; McLeod: ix-12; 18-26; Lessig: 85-94.

 

24        [day two] [Stewart 2- and Ed ] Introduction to Intellectual Property Issues in the new media environment & Types of IP

Assignment for 1/26: Thomas G. Field Jr., Intellectual Property:

The Practical and Legal Fundamentals, I (Introduction), II (The Price of Ignorance), & III (B. Entrepreneurs Who "Cannot Afford" IP Protection)

http://www.piercelaw.edu/tfield/pLfip.htm

 

26      [day 3]  [Baron 2]: How to read a case; brief references to cases to illustrate & differentiate copyright/patent/trademarks/trade secrets/unfair competition/works made for hire/fair use/right of publicity and privacy/defamation

 

Assignment for 1/31: Baron designates cases

 

31       [day 4]   [Baron 3] Cases that illustrate different types of IP

Assignment for 2/2: Lessig: pp. 116-173, Circular 1- Copyright Basics

February

2  [day 5] Introduction to Copyright & Development of Copyright Legislation
Assignment for 2/7:
Campbell v. Acuff Rose: http://straylight.law.cornell.edu/supct/html/92-1292.ZS.html
Kelly v. Arriba: http://www.eff.org/IP/Linking/Kelly_v_Arriba_Soft/20020206_9th_cir_decision.pdf
Malcolm Gladwell, Something Borrowed: http://www.newyorker.com/fact/content/?041122fa_fact

Assignment for 2/9: McLeod, Chapters 2 & 3

 

7          [day 6] Copyright cases [Baron 4]

Reminder: assignment for 2/9 is McLeod, Chapters 2 & 3


9       
[day 7] McLeod, Chapters 2 & 3           

Assignment for 2/14: Summary of Digital Millennium Copyright [.pdf]

 

14       [day 8] [Stewart 3] Introduction to Digital Millennium Copyright Act

Assignment for 2/16:
Electronic Frontier Foundation: Unintended consequences: Five years under DMCA
<http://www.eff.org/IP/DMCA/?f=unintended_consequences.html>

Universal City v Reimerdes <http://laws.lp.findlaw.com/2nd/009185.html> 

16       [day 9] [Stewart 4] DMCA Cases

Assignment for 2/21: Lessig, "Piracy," pp. 15-79

 

21       [day 10] Lessig, "Piracy"

Assignment for 2/23: Distance Education and the TEACH Act. http://www.ala.org/washoff/teach.html; Lessig: pp. 175-207; Fair Use (UT system guidelines).

 

23       [day 11] [Stewart-5-and Ed] Fair Use and the Teach Act
Assignment for 2/28 Trademarks & Business Goodwill http://www.PIERCELAW.EDU/tfield/Trademk.htm

McLeod: pp. 109-145.

28      [day 12] Trademarks
Assignment for 3/2:
Yahoo Search Bars Bids On Trademarks
Google v. American Blind (.pdf)

 

March

 

2     [day 13] [Baron 5] Trademark cases
Assignment for 3/7: McLeod Chapter 5

7       [day 14] McLeod Chapters 4 & 5
Assignment for 3/9: McLeod, Chapter 6: "Private ownership of people: Genetics, consumer databases, and celebrities."

9     [day 15] Chapter 6, McLeod
Assignment for 3/21: Lessig, Intro, Conclusion, and Afterforward

13-17 Spring break

21       [day 16] Complete Lessig
Assignment for 3/23: Privacy/Publicty cases
Toney v. L’Oreal USA, Inc.

Nussenzweig v. Pace:

About Merkin, WSJ

 

23       [day 17] Rights of publicity/privacy & Rights of publicity/privacy cases

Assignment for 3/28: General information about patents--Oppedahl & Larson LLP

http://www.patents.com/patents.htm

 

28       [day 18] Introduction to Patent Law

Assignment for 3/30: eBay, Inc. v. MercExchange:

Petitioner’s Brief: http://www.abanet.org/publiced/preview/briefs/pdfs/05-06/05-130_Petitioners.pdf
Respondent’s Brief: http://www.abanet.org/publiced/preview/briefs/pdfs/05-06/05-130_Respondent.pdf
Federal Circuit Opinion: http://www.fedcir.gov/opinions/03-1600.pdf

 

30       [day 19]   [Baron 6] Patent Cases

Assignment for April 4: R. Mark Halligan on Trade Secrets

April

 

4          [day 20]  Trade Secrets

Assignment for 4/6: Baron assigns cases on trade secrets.

 

6       [day 21] [Baron 7 ] Baron on Trade Secret Cases
Assignment for 4/11: (1) McLeod, Chapter 7: Intertextuality, the internet, and intellectual property law."

       

11      [day 22] Exam 1: Lessig and McLeod  
Assignment for 4/13:World Intellectual Property Organization (WIPO)

Intellectual Property on the Internet: A Survey of Issues

13      [day23Intro. to International IP
Assignment for 4/19:

IIPA Report on China -2006:
http://www.iipa.com/rbc/2006/2006SPEC301PRC.pdf

Bangoura v. Washington Post:

http://www.ontariocourts.on.ca/decisions/2005/september/C41379.htm

Dow Jones v. Gutnick:

http://www.kentlaw.edu/perritt/courses/civpro/Dow%20Jones%20&%20Company%
20Inc_%20v%20Gutnick%20%5B2002%5D%20HCA%2056%20(10%20December%202002).ht
m

PC World Article on Apple v. Apple:

http://www.pcworld.ca/news/article/6155c3230a010408017f9401ca537968/pg0.
htm

18     [day 24]   [Baron 8] International IP cases
Assignment for 4-20:

  A heretical view of file sharing
File sharings new face
Supreme Court Agrees to Hear Case on File-Sharing Services
Film Industry Says It Will Sue Suspected Online Movie Swappers This Month


20
     [day 25]   File Sharing
Assignment for 4-25:

Wall Street Journal, 9 December 1999, "Recording Industry Group Sues Napster, Alleging Copyright Infringement on Net ."

Transcript of Judge Patel's ruling granting preliminary injunction against Napster, July 26, 2000:
<http://news.findlaw.com/legalnews/lit/napster/s/patelruling1.html>

United States Supreme Court's opinion in the Grokster case, June 27, 2005: read the decision and the opinion submitted by Justice Souter (up to but not including Justice Ginsburg's concurring opinion).
<http://supreme.justia.com/us/545/04-480/case.html>

American Library Association's take on the Grokster case:
<http://www.ala.org/ala/washoff/WOissues/copyrightb/copyrightcases/copyrightcourt.htm#grok>


25      [day 26]   [Stewart 6] Cases on File Sharing

Assignment for 4-27:

Ed Felten: Next-Gen DVD Encryption: Better, but Won't Stop Filesharing
<http://www.freedom-to-tinker.com/index.php?p=800>

United States Court of Appeals, DC Circuit, decision in American Library Association v FCC and MPAA (the broadcast flag decision)
<http://pacer.cadc.uscourts.gov/docs/common/opinions/200505/04-1037b.pdf>

27      [day 27] [Stewart 7] DRM cases

  Assignment for 5-2:

Required: Clifford Lynch, closing remarks at "Scholarship and Libraries in Transition: A Dialogue about the Impacts of Mass Digitization Projects," webcast (watch at least through the end of his talk at about 35 minutes): <http://www.lib.umich.edu/mdp/symposium/lynch.html>

Write a summary

For each of the following 6, a 1 page summary merits 5 points, meaning you could earn up to 35 points extra credit, depending on the quality of your summaries. Be sure to title the summary carefully and correctly so I know how how many, and which, you are doing.

1. A Risky Gamble with Google, by Siva Vaidhyanathan
<http://www.nyu.edu/classes/siva/archives/002445.html>

2. Jonathan Band, submitting on behalf of the Library Copyright Alliance, requesting exemptions to the Digital Millennium Copyright Act's prohibition on circumvention as part of the triennial rulemaking: <http://www.copyright.gov/1201/2006/comments/band_LCA.pdf>

3. Michael Godwin for the American Library Association, "Digital Rights Management: A Guide for Librarians" <http://www.ala.org/ala/washoff/WOissues/copyrightb/digitalrights/DRMfinal.pdf>
pp 1-16, up to "Fingerprinting Digital Content"

4. Section 108 Study Group, Detailed Information and background paper for March 2006 public roundtables: <http://www.loc.gov/section108/docs/FRbackground2-10-06.pdf>
"Background," pp 2-4 and "Topic 2," pp 8-22

5. United States Copyright Office's report on orphan works.
<http://www.copyright.gov/orphan/orphan-report.pdf>
"Executive summary," pp 1- 14

6. "Google, the Khmer Rouge and the Public Good," address by University of Michigan President Mary Sue Coleman to the Association of American Publishers: <http://www.umich.edu/pres/speeches/060206google.html>

May

 

2         [day 28] [Stewart 8] The universal library

3: Study Day

8, 2:30-4:30 MM 450 Final

© Ed Lamoureux