**Disclaimer**

This syllabus is to be used as a guideline only. The information provided is a summary of topics to be covered in the class.
Information contained in this document such as assignments, grading scales, due dates, office hours, required books and materials may be from
a previous semester and are subject to change. Please refer to your instructor for the most recent version of the syllabus.

Course
Copyright Law – Spring 2018

Prerequisites
College of Law Enrollment

Faculty
Name: Jon E. Kappes, Esq.
Phone: (602) 614-4060
Email address: jon.kappes@asu.edu or jonkappes@kappespatents.com

Office hours: Arranged via email.

Course Description
The text for this class is Yen & Liu, Copyright Law Essential Cases and Materials (3rd ed. 2016,
West). The class meets Monday/Wednesday from 10:05AM-11:30AM in Room 250. The assignment for
the first class is indicated below. Come prepared for active discussion. Students need a laptop, tablet,
or smartphone to take in-class quizzes via http://kahoot.it.

Copyright law is deceptive. It deals with subject matter with which everyone is familiar, causing many
(including, unfortunately, federal judges) to believe that the law can be decided intuitively. Nothing
could be further from the truth. Copyright today is a strange combination of relatively vague basic but
important principles (creativity, the idea/expression distinction, substantial similarity for infringement,
fair use as a defense) coupled with a complex statute drafted for particular naunces (e.g., termination
rights). As lawyers, we need to be intimate with BOTH aspects. While we will not have time to explore
all such complexities like the cable and satellite television provisions, we will be covering and discussing
much of the Copyright Act. You will need to know what the statute says if you encounter copyright
issues in practice.

Because many judges take an intuitive approach to copyright, entire lines of cases exist on both sides of
most important issues. These lines of cases either cursorily and ineffectively distinguish their opposing
counterparts or ignore them entirely. As a result, many copyright texts have become packed with
extensive notes and cases thereby distracting focus from core principles. Our text limits itself to what its
authors deem "essential," and we will supplement the text where needed. As a general rule, plan to
read about 30-35 pages ahead of wherever we have left off in the last class.

Students are responsible for the reading assignments on this Syllabus. During the semester, we will
likely post new cases or other items on this Syllabus (or on Blackboard) as either optional or assigned
reading, or at least as items of interest. IF YOU PRINT A HARD COPY, BE SURE TO CHECK BACK
PERIODICALLY TO MAKE SURE YOUR COPY IS UP TO DATE.

The provisions of the Copyright Act are online. Individual statutory provisions assigned for a given day's
study are on this Syllabus, and are assigned reading. Past examinations, with model answers, in this
course can be found on the course Blackboard page.
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The final exam will be given on Monday, April 29, 2019 at 9:00AM.

Course Overview
In-depth examination of substantive patent law as it applies to creative works and other copyrightable
subject matter.

Course Materials
Yen & Liu, Copyright Law Essential Cases and Materials (3rd Ed. 2016, West).

Learning Outcomes
At the completion of this course, students will be able to:
• Explain historical and policy considerations underlying the copyright system.
• Identify sources of law, rules, and manuals applicable to copyright law and practice.
• Distinguish the characteristics of copyrights from other forms of intellectual property.
• Explain the law and underlying policy rationales for numerous issues relating to the granting,
enforcement, term, and scope of copyrights.
• Identify infringement or potential infringement of a copyrights and considerations relating to
defending, licensing, or enforcing copyrights including available remedies.

Course Schedule
All page reading references are to the Yen & Liu text and all statutory references are to the Copyright
Act, Title 17 of the U.S. Code.

CHAPTER 1 – INTRODUCTION TO COPYRIGHT LAW

Monday January 7: Introduction to Copyright and Intellectual Property
Pages 1-20; §§ 106; 507(b); 504(b)

CHAPTER 2 – COPYRIGHTABLE SUBJECT MATTER

Wednesday January 9: Copyright Originality
Pages 20-40; §§ 102(a), 101 (definition of "pictorial, graphic, and sculptural works")
Wednesday January 14: Fact Works
Pages 40-59; §§ 101 (definition of "compilation"), 103; Dennis S. Karjala, Copyright and
Creativity, 15 UCLA Ent. L. Rev. 169 (2008)
Personal Statements due by midnight posted to Blackboard > Discussions > Personal Statements
Monday January 16: The Idea/Expression Dichotomy
Pages 59-78; § 102(b)
Monday January 21: MLK Birthday, No Class
Wednesday January 23: Scope of Protection in Computer Programs
Pages 79-99; § 101 (definition of "computer program")
Monday January 28: Useful Articles, Fixation, Government Works

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 Pages 99-119; § 101 (definitions of "copies", "created", "fixed", "pictorial, graphic, and sculptural
works" and "useful article"; definition of "architectural work"), § 120

CHAPTER 3 – COPYRIGHT OWNERSHIP & TRANSFER

Wednesday January 30: Initial Ownership, Works Made for Hire
Pages 120-149; § 101 (definition of "work made for hire"); § 201(a)&(b);
Monday February 4: Joint Authorship, Assignment of Copyrights
Pages 149-178; §§ 101 (definition of "joint work", "transfer of copyright ownership" and
"collective work"), 201(c), 201(d), & 204; § 103(b); § 205

CHAPTER 4 – FORMALITIES, DURATION & RENEWAL

Wednesday February 6: Formalities, Duration
Pages 179-206; §§ 407(a), 411(a), 412, 302, 303, 304(a)&(b)
Monday February 11: Renewal and Termination Rights
Pages 206-227; §§ 203, 304(c)
Additional reading: Copyright Term and the Public Domain in the United States, 1 January
2007 (detailed chart showing what works have entered the public domain and what works have
not, based on dates and countries of publication)

CHAPTER 5 – EXCLUSIVE RIGHTS & INFRINGEMENT

Wednesday February 13: Infringement
Pages 228-260; § 106;
Monday February 18: Infringement (Computer Programs and Sound Recordings)
Pages 261-283; §§ 101 (definition of "phonorecords"), 114(a)-(c), 115(a)
Wednesday February 20: Derivative Works
Pages 283-295; §§ 101 (definition of "derivative work"), 106(2)
Monday February 25: Public Distribution and First Sale, Public Display
Pages 295-307; §§ 106(3)-(4), 109(a)-(d), 602(a), 501(a), 101 (definitions
of "perform", "display", "to perform or display a work 'publicly'", and "transmit"); Capitol
Records v. ReDigi (SDNY 2013)
Wednesday February 27: Public Performance
Pages 305-323; § 115(a)
Monday March 4 & Wednesday March 6
Spring Break, No Classes
Monday March 11: Copyright and Digital Technologies
Pages 323-353; §§ 101 (definitions of "copies", "fixed" and "to perform or display a work
'publicly'"), 117; Dennis S. Karjala, "Copying" and "Piracy" in the Digital Age," 52 Washburn L.J.
245 (2013)

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Wednesday March 13: Moral Rights
Pages 353-369; § 106A

CHAPTER 6 – COPYRIGHT DEFENSES, FAIR USE

Monday March 18: Fair Use
Pages 370-391; § 107;
Wednesday March 20: Fair Use (continued)
Pages 378-408; The Cat Not in the Hat - A Parody by Dr. Juice
Monday March 25: Fair Use (continued)
Pages 422-455
Wednesday March 27: Fair Use and Other Defenses
Pages 455-471

CHAPTER 7 – THIRD PARTY COPYRIGHT LIABILITY

Monday April 1: Secondary Liability
Pages 472-494
Wednesday April 3: Secondary Liability (continued)
Pages 472-503
Monday April 8: Liability of Internet Service Providers
Pages 503-535

CHAPTER 8 - ANTICIRCUMVENTION & ANTITRAFFICKING

Wednesday April 10: The DMCA
Pages 535-572

CHAPTER 9 – COPYRIGHT REMEDIES

Monday April 15: The DMCA Cont. and Remedies
Pages 572-618
Monday, April 29, 2019 – Final Exam

Course Topics, Schedule & Grading

Activities used for instruction and assessment of learning include: discussions; textbook and
supplemental readings; individual activities/assignments; case scenarios; and quizzes.

Grading
Grading will be conducted as follows:

85% - Final Examination Score

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15% - Class Participation, a portion of which will be based on in-class Kahoot quiz participation. There
will not be any make-up Kahoots offerred for any reason. Instead, one Kahoot will be considered extra
credit. Therefore, students can miss up to one Kahoot quiz and nevertheless receive full credit for
Kahoot participation. Students will also be required to present an article during an in-class presentation.
Topics and dates for presenting may be selected here:
https://docs.google.com/spreadsheets/d/1gXuiTQQDyjiV9ojsGNSCYaA7TGRf-
HiMZ3xFyGDbDVY/edit?usp=sharing

Submitting Assignments
All assignments, unless otherwise announced, MUST be submitted to the designated area of Blackboard.
Do not submit an assignment via email.

Drop and Add Dates/Withdrawals

This course adheres to a compressed schedule and may be part of a sequenced program, therefore,
there is a limited timeline to drop or add the course. Consult with your advisor and notify your instructor
to add or drop this course. If you are considering a withdrawal, review the following ASU
policies: Withdrawal from Classes, Medical/Compassionate Withdrawal, and a Grade of Incomplete.

Grade Appeals
Grade disputes must first be addressed by discussing the situation with the instructor. If the dispute is
not resolved with the instructor, the student may appeal to the department chair per the University
Policy for Student Appeal Procedures on Grades.

Student Conduct and Academic Integrity

Academic honesty is expected of all students in all examinations, papers, laboratory work, academic
transactions and records. The possible sanctions include, but are not limited to, appropriate grade
penalties, course failure (indicated on the transcript as a grade of E), course failure due to academic
dishonesty (indicated on the transcript as a grade of XE), loss of registration privileges, disqualification
and dismissal. For more information, see http://provost.asu.edu/academicintegrity. Additionally,
required behavior standards are listed in the Student Code of Conduct and Student Disciplinary
Procedures, Computer, Internet, and Electronic Communications policy, and outlined by the Office of
Student Rights & Responsibilities. Anyone in violation of these policies is subject to sanctions.

Students are entitled to receive instruction free from interference by other members of the class. An
instructor may withdraw a student from the course when the student's behavior disrupts the
educational process per Instructor Withdrawal of a Student for Disruptive Classroom Behavior.

Appropriate online behavior (also knows as netiquette) is defined by the instructor and includes keeping
course discussion posts focused on the assigned topics. Students must maintain a cordial atmosphere
and use tact in expressing differences of opinion. Inappropriate discussion board posts may be deleted
by the instructor.

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The Office of Student Rights and Responsibilities accepts incident reports from students, faculty, staff, or
other persons who believe that a student or a student organization may have violated the Student Code
of Conduct.

Prohibition of Commercial Note Taking Services

In accordance with ACD 304-06 Commercial Note Taking Services, written permission must be secured
from the official instructor of the class in order to sell the instructor's oral communication in the form of
notes. Notes must have the notetaker's name as well as the instructor's name, the course number, and
the date.

Course Evaluation
Students are expected to complete the course evaluation. The feedback provides valuable information
to the instructor and the college and is used to improve student learning. Students are notified when
the online evaluation form is available.

Syllabus Disclaimer
The syllabus is a statement of intent and serves as an implicit agreement between the instructor and the
student. Every effort will be made to avoid changing the course schedule but the possibility exists that
unforeseen events will make syllabus changes necessary. Please remember to check your ASU email and
the course site often.

Accessibility Statement
In compliance with the Rehabilitation Act of 1973, Section 504, and the Americans with Disabilities Act
as amended (ADAAA) of 2008, professional disability specialists and support staff at the Disability
Resource Center (DRC) facilitate a comprehensive range of academic support services and
accommodations for qualified students with disabilities.

Qualified students with disabilities may be eligible to receive academic support services and
accommodations. Eligibility is based on qualifying disability documentation and assessment of individual
need. Students who believe they have a current and essential need for disability accommodations are
responsible for requesting accommodations and providing qualifying documentation to the DRC. Every
effort is made to provide reasonable accommodations for qualified students with disabilities.

Qualified students who wish to request an accommodation for a disability should contact the DRC by
going to https://eoss.asu.edu/drc, calling (480) 965-1234 or emailing DRC@asu.edu.

Computer Requirements
This course requires a computer with Internet access and the following:
• Web browsers (Chrome, Internet Explorer, Mozilla Firefox, or Safari)
• Adobe Acrobat Reader (free)
• Adobe Flash Player (free)
• Microphone (optional) and speaker

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Technical Support
This course uses Blackboard to deliver content. It can be accessed through MyASU at http://my.asu.edu
or the Blackboard home page at https://myasucourses.asu.edu

To monitor the status of campus networks and services, visit the System Health Portal at
http://syshealth.asu.edu/.

To contact the help desk call toll-free at 1-855-278-5080.

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