This seminar will explore the rapidly expanding legal terrain that Congress and the courts are discovering beyond the outer edges of copyright. The course will encourage students to think critically about issues such as: (1) how the law might (and whether it should) protect data and other materials that are not eligible for protection under existing law, through the application of contract principles, common law trespass to chattels, and sui generis legislation; (2) how copyright law might be constrained by the Constitution, and/or by the Copyright Act's own internal public policy considerations; (3) how the proliferation of user-generated and user-modified content online intersects with existing law; and (4) how the Supreme Court's Betamax precedent might (or might not) protect providers of copying technology in a networked online environment.
As to each topic, the seminar will review relevant decisions, statutes and scholarly articles in an effort define the precise questions raised and the advantages and disadvantages of alternative approaches to resolving them. An overriding concern for all of the topics is the public policy justification for restricting the circulation of materials, or interfering with other forms of conduct, that traditional intellectual property doctrines have left largely unregulated. Most weeks, invited guests from academia and private practice will add their practical and theoretical insights to the discussion.
Section Offerings for 2012-13
There are no offered sections in 2012-13. Please choose a different year.