MM 450, Spring 2008
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 homepage; Professor Beliveau's homepage; the Professor's homepage
 Lamoureux's Office Hours:
Tues: 10:30-11:30; Thurs: 1:30-2:30 and by appointment     

Steven L. Baron, B.A., J. D.
Mandell Menkes LLC
333 West Wacker Drive
Suite 300
Chicago, IL 60606
Phone: (312) 251-1009
sbaron@mandellmenkes.com
(class inquiries only. No free legal advice given)

Notable Dates:

January 23, Classes begin
March 15-23 Spring Recess
March 26, Midterm Grades Due
April 23, Last day to drop classes
May 6, Last day of classes
May 7, Study Day
May 10 (Saturday) 2:30-4:30 pm: Final Exam

Texts

Edward Lee Lamoureux, Steve Baron, M. Clair Stewart, Marc Cooperman and Robert Resis, Free For A Fee: Intellectual Property Law in the New Media Environment. Peter Lang (will be distributed via website/WORD.doc) [We are "shaking down" this manuscript. If/when you see issues/errors/typos, etc., pass along a note to me, please].

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:

The final exam is only given on Saturday May 10, 2:30-4:30 pm. No early or make-up exams will be arranged for any exam. Students with emergencies must contact Dr. Lamoureux (in person or by phone) before the end of the test period; accommodations will be made for (only) dire emergencies.

We have a class e-mail alias <mm45001-sp@bumail.bradley.edu>. Please check it daily (if you forward your mail out of it, be sure to empty the BU box regularly). I deduct 25 points (I'll notify you) from your score total each time--after the first (I'll warn you of this one)-- that I get bounced mail because your box is full. There is a BlackBoard site for grades.

Do not bring food into the teleconference center. You may bring beverage only if it has a small, sealable, lid. Please do not use tobacco products in class. I am distracted by their use and will insist that you leave if you persist. Laptops may be used in class only to take or display notes. No email, web browsing, or chat. Students who abuse this principle will be asked to leave. All students are responsible to the same syllabus schedule, regardless of outside or BU-sponsored activities. I only accept materials early by agreement.

Students with BU-certified learning disabilities should contact me immediately.

Please do not call my home (672-5878) after 8pm at night. I am often in my office (GCC 315; 677-2378). Official office hours: Tues: 10:30-11:30; Thurs: 1:30-2:30 and by appointment. My e-mail address is <ell@bradley.edu>; AIM & skype: dredleelam; Second Life: Professor Beliveau

Policy regarding e-mail communication about grades:
As a matter of the Multimedia Program policy to protect student privacy and in accordance with the Family Educational Rights and Privacy Act, questions and concerns regarding grades must be presented in person or in a written letter. Instructors will not respond to questions and concerns communicated through e-mail or telephone calls regarding grades.

Policy regarding student absence due to an illness:
When missing classes and related assignments due to an illness, it is the student's responsibility to provide a document issued by a medical authority to verify the student's absence due to illness, unless the Office of the Associate Provost for Student Affairs informs an instructor of the basis for the student's absence. Instructors will not call the Health Center or any other source to verify the student's reason for absence.

Plagiarism merits an "F" on the activity and disciplinary action. DON'T copy each other's work and DO document sources properly.

Professor Baron does not give out free legal advice. Don't ask him about personal legal business unless you intend to hire him.

Requirements:

Teleconference Center Entry Ticket. 300 points. 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 for quality. 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.

One 20-page paper. 200 points total. Full sentence outline due April 10; rough draft due April 22, final due May 1. Paper presents the history and philosophy of, and current status in, the development of one area of interst--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; defamation of character; rights of privacy (specific to IP, not privacy in general); rights surrounding publicity; peer-to-peer file sharing; international IP; IP in virtual worlds. 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. The full sentence outline=50 points, the documented first draft =50 points; final paper=100. Late papers (at each step) 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."

Three Examinations. 300 total, 100 points each. Exams 1 (March 27-McLeod) & 2 (May 6, Lamoureux, et al.) over textbooks; Final Exam (final) over lectures and directly related online & case readings. May 10 (Saturday), 2:30-4:30 pm.

Current Events Website. 200 points. Each student must post and update a web site (dedicated to MM 450) 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. Prior to posting, each item must be sent to the class email--that establishes "first come first served" for the item. Send all three articles you plan to use in a single email per week. You may only reserve articles 3 at a time. Minimum expectation: 3 items per week. Sites are "due" no later than 3pm each Friday (except week 1). Do not link to general (definitional) coverage of topics OR to sites sponsored by specific law firms (in other words, no materaisl like Wikipedia entries or materials from sites sponsored by particular law firms). Link to current events that illlustrate the materials we are covering in class. Do not link to proprietary sites that require subscription; however, you may link to sites that require registration. Do not author Flash websites for these blogs--html only. Organize them with headings that indicate which weeks (week number and dates) each "set" count for, most recent at the top. Provide links back to each week's worth as a "set."

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

A: 100%-88.5%   B: 88.4-78.5      C: 78.4-68.5     D: 68.4-58.5     F: > 58.5

[final total may vary from 1,000; course is graded on percentage of total basis]

Flexible Schedule

January

24 [day one] General Introduction to the technology, teachers, course [Baron, 1; Ed]
Assignment for 1/29: David Bollier --Sirsi SuperConference 2004 [librarians], St. Louis, Missouri, April 18, 2004. Plenary speech: "Reclaiming the American Commons." [available from his website http://www.bollier.org/reclaim.htm as Sirsispeech.pdf]. Read after page 5; McLeod: ix-12 [skip sections from 12-16 about "articulation" and "intertextuality" ]

 29  [day two] [ Ed and students] Introduction to Intellectual Property Issues in the new media environment, the Commons, & Types of IP.
Assignment for 1/31: Lamoureux, et al. Introductory Perspectives

31  [day 3]  [Baron 2]: How to read a case
Assignment for 2/5: Eldred as noted by Baron in day 3 PP. Lamoureux, et al., Chapter 1, 1-18 [do not summarize the pre-1900 history in any way; go lightly from 1900-1970; do not try to list all of the laws or any of the pending legislation. Summarize, in brief, the most important developments, esp. in the modern & recent periods]

February

5  [day 4] Introduction to Copyright & Development of Copyright Legislation
Assignment for 2/7: Lamoureux, et al., Chapter 1, 18-30 [no more than 2 sentences of summary per case]; Review the summary of DMCA [no written summary needed]

7 [day 5] Copyright cases, especially new media cases.
Assignment for 2/12: [no more than 1/2 page single spaced review for each case] Perfect 10 v. CCBill, 481 F.3d 751 (9th Cir. March 29,2007) (a .pdf)
Tur v. YouTube 2007 U.S. Dist. Lexis 50254 at *7 (C.D. Cal. June 20, 2007). McCloud, Chapter 2.

12 [day 6] [Baron 3] DMCA cases
Assignment for 2/14: McLeod, Chapter 3

14   [day 7] McLeod, Chapters 2 & 3
Assignment for 2/19: Lamoureux, et al., Copyright Special Issues: Fair Use, [Public Domain, File Sharing]

19 [day 8] Copyright Special Issues: Fair Use, Public Domain, File Sharing
Assignment for 2/21: Lamoureux, et al., Ch. 3, Patents, p. 1-8

21 [day 9] Patents
Assignment for 2/26: Lamoureux, et al., Ch. 3, Patents, p. 9-18 +
Tivo v. EchoStar: http://www.cafc.uscourts.gov/opinions/06-1574.pdf
eBay v. Merc Exchang: http://www.supremecourtus.gov/opinions/05pdf/05-130.pdf

26 [day 10] [Baron 4] Patent cases
Assignment for 2/28: McLeod, Chapter 5

28  [day 11] McLeod, Chapter 5
Assignment for 3/4: Lamoureux, et al., Ch. 4, Trademarks

March

4  [day 12] Trademarks
Assignment for 3/2: Trademark cases assigned by Baron
Playboy v. Netscape [.pdf]
Morris Publishing v. SK*RT [.pdf]

6 [day 13] [Baron 5] Trademark cases
Assignment for 3/11: McLeod Chapter 4

11 [day 14] McLeod Chapter 4
Assignment for 3/13:Lamoureux, et al., Ch. 6, Rights of Publicity

13 [day 15] Rights of Publicity
Assignment for 3/25: McLeod, Chapter 6 & 7, Ch. 6, IP (digital) Rights of Privacy & IP (digital) Defamation

spring break march 15-23

25 [day 16] McLeod, Chapter 6 & 7; IP (digital) Rights of Privacy & IP (digital) Defamation

27 [day 17] EXAM 1: McLeod
Assignment for 4/1: Publicity/Privacy, Defamation cases assigned by Baron

April

1 [day 18] [Baron 6]Publicity/Privacy, Defamation cases
Assignment for 4/3: Lamoureux, et al., Ch. 5, Trade Secrets

3 [day 19] Trade Secrets
Assignment for 4/8: Trade Secret cases assigned by Baron

8 [day 20] [Baron 7] Trade Secret cases
Assignment for 4/10: Paper outline due

1o[day 21] Paper outline due. TrialGraphix
Assignment for 4/15: Lamoureux, et al., Ch. 8, DRM

15 [day 22] Digital Rights Management

17 [day 23] Introduction to International
Assignment for 4/22: Paper rough draft is due; DRM and IP cases
Cunningham v. McMahon
sony_complaint.pdf
20th Century Fox v. Cablevision.pdf

22 [day 24] [Baron 8] DRM & International cases
April 23 is the last day to drop

24 [day 25] no class, work on papers

29 [day 26] Virtual IP and beyond
Assignment for 5/1: Completed Paper Due

May

1 [day 27] Paper due

6 [day 28]EXAM 2: IP law in MM concepts

May 10 (Saturday), 2:30-4:30 pm: FINAL EXAM: IP law in MM cases


© Ed Lamoureux