Abstract/Syllabus:
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Instructor Pamela Samuelson
Law 278.31: Technology and Intellectual Property in Law. This course will cover the principal features of U.S. copyright law: what is (and is not) copyrightable subject matter, the originality and fixation requirements for copyright protection, ownership and transfer of rights issues, the scope of protection that copyright law affords to works of authorship, limiting principles, exceptions, and defenses to infringement, standards for judging direct and indirect infringement, and remedies available in copyright lawsuits. Both statutory and common law developments will be considered, as well as neighboring rights such as anti-circumvention rules. Current controversies about the contours of and theoretical underpinnings of copyright and the public domain will be discussed. Comparative copyright law and international treaties affecting copyright law will also be given some attention. Students who have previously taken an introduction to intellectual property law are eligible to take this course. IP is not a pre-requisite for this class. Lectures available as streaming video at webcast.berkeley.edu/courses.
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Tue 1/10 |
Introduction to Copyright and the Course |
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Thu 1/12 |
Baker v. Selden: Distinguishing Authorship and Invention |
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Thu 1/19 |
What Does Copyright Protect?
What Does 102(b) Exlude? |
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Tue 1/24 |
Ownership of Copyrights |
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Thu 1/26 |
Copyright Formalities |
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Tue 1/31 |
Constitution Challenges to Extended Duration of Copyrights and Restoration of Foreign Copyrights |
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Thu 2/2 |
Renewals and Terminations of Transfers |
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Tue 2/7 |
Interpreting Copyright Agreements as to Applied to New Technologies (No Webcast) |
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Thu 2/9 |
Pictorial, Sculptural, and Graphic Works |
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Tue 2/14 |
Computer Software |
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Thu 2/16 |
No Webcast |
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Tue 2/21 |
Architectural Works and Databases |
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Thu 2/23 |
Elements of Infringement and the Reproduction and Distribution Rights |
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Tue 2/28 |
The Importation Right and Substantial Similarity |
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Thu 3/2 |
The Derivative Work Right |
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Tue 3/7 |
Moral Rights in US Law and the Public Performance and Display Rights |
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Thu 3/9 |
Direct and Indirect Infringement |
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Tue 3/14 |
Inducing Infringement; Criminal Infringement |
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Thu 3/16 |
The Fair Use Limitation on Copyright |
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Tue 3/21 |
Fair Use and New Technologies |
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Thu 3/23 |
Consumptive Uses as Fair Use? |
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Tue 3/28 |
Spring Break |
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Thu 3/30 |
Spring Break |
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Tue 4/4 |
Infringement Lawsuits |
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Thu 4/6 |
Remedies for Infringement |
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Tue 4/11 |
Technical Protection Measures and Anti-Circumvention Rules |
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Thu 4/13 |
More on Circumvention Rules |
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Tue 4/18 |
State Law Theories of Protection and Federal Preemption |
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Thu 4/20 |
Copyright Misuse |
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