L8055 SEMINAR: ADVANCED PATENTS (2 pts)
H.Edgar, H. Lebowitz
This research seminar will focus on current issues in patent law taken both from pending Federal Circuit appeals and from proposed legislative reforms of the patent law. Among other issues, we shall consider issues of fact and law in construction of patent claims and proposals to create a prior user's privilege against infringement.
L8052 SEMINAR: ADVANCED TOPICS IN COPYRIGHT (2 pts)
J. Besek, J. Ginsburg
The seminar on Advanced Topics in Copyright will address current, often controversial issues in copyright law and policy, e.g., secondary liability, peer-to-peer file sharing, technological protection measures and their effect on copyright rights and privileges, moral rights, the role of the public domain, and constitutional preemption. We will meet weekly from 4:10-6:00 on Tuesdays. We will have speakers for most sessions during the term, usually two speakers each week to provide contrasting views of the subject(s) at hand.
In most cases we have arranged to have the speakers give lunchtime talks to the CLS community. Seminar participants will be required to attend the lunchtime talks. Those talks will undoubtedly be more general than the seminar discussions (due to time constraints - they have to finish in an hour - and also because attendees will likely not have read background material, as seminar participants will do). Because the students in the seminar will be attending several hours of lunchtime talks, the seminar will actually meet 11 times during the term.
L8671 SEMINAR: ART, CULTURAL HERITAGE & THE LAW (2 pts)
J. Levine
This course will examine laws, legal principles and special policy issues relevant to the legal treatment of art and cultural heritage. The course will include examination of the following topics:
Museums: the class will examine the legal obligations and liabilities of museums in relation to the acquisition and deaccession of objects of fine art and cultural heritage.
Art Dealers and the Market: students will study the legal definitions of art dealers, auctioneers and other players in the art market, and the interplay among laws regulating the art and antiquities markets.
Authenticity and Quality: the class will examine the legal ramifications, civil and criminal, when art and cultural heritage works turn out to be fake, forged, or otherwise not in conformance with represented attributes and characteristics.
Title and Theft: we will explore laws and rules governing the identification and recovery of stolen art and cultural heritage works through civil litigation and criminal prosecutions.
War, Art and Cultural Heritage: using World War II and the Iraq war as examples, we will focus attention on special issues and considerations present when looting and theft of art and cultural heritage takes place in time of and in the aftermath of war.
International Issues: the course will include study of laws relating to the treatment of art and objects of cultural heritage in the international context, including foreign national ownership of cultural objects, and the laws applicable to the looting, taking, transfer and possession of cultural heritage objects taken from out of the ground without permission.
United States Archaeological Resources: we will study pertinent federal legislation, such as the Antiquities Act of 1906, the Archaeological Resources Protection Act of 1979, the class will look at the criminal case law under ARPA, involving questions concerning criminal intent, loss, the concept of archaeological value, and sentencing. State statutes applicable to archaeological material and cultural heritage will also be considered. The class will consider statutes and cases concerning underwater archaeology and shipwrecks, including the Abandoned Shipwreck Act.
Native Cultural Heritage: the course will examine issues relating to cultural heritage of indigenous people, the pervasive problems of looting and theft from Native American sites in the United States, and elsewhere in the world; we will study cases decided before and after passage of Native American Graves Protection and Repatriation Act (NAGPRA), such as the matter involving the so called "Kennewick man."
Students will be required to prepare for in-class problem during the semester. Students will be evaluated based on a final exam and class participation. Major or minor writing credit available with advance permission of the Instructor.
L6341, Copyright law (or, for LLMs, the equivalent in their home countries) is a prerequisite.
L9271 AUTHORS, ARTISTS, AND PERFORMERS (2 pts)
J. Besek
This seminar focuses on the role of authors, artists and performers in the creative process, and examines ways in which their treatment under intellectual property and related laws fosters -- and sometimes inhibits -- the development of new and creative literary and artistic works. Views of copyright law today are polarized, but debates and controversies have largely involved big business and user groups -- specific attention to the concerns of individual authors, artists and performers has been largely absent. This seminar will focus on the role of individual authors and artists across different fields of endeavor. We will consider (1) how law and industry practices (including the form of remuneration, authorship credit, and control over subsequent uses of works) affects individual creative endeavors; and (2) whether the law has achieved the proper balance between protecting authors' work, and making that work available to form the basis of new creative authorship by others. Topics include copyright; moral rights; performers' rights; authorship and ownership in various copyright sectors; issues of disparate bargaining power; the role of trade groups and other representatives; derivative works and "appropriation art"; the public domain; and the role of the internet and new technologies.
L9682 SEMINAR: COMPARATIVE MASS MEDIA LAW (2 pts)
R. Winfield
This seminar will study the comparative treatment of selected problems in mass media law by the United States, the United Kingdom, the European Court of Human Rights, and some transitional democracies in the former Soviet bloc. Particular attention will be given to the forms of governmental regulation of the content of the mass media, analyses of the theories of free expression, and permissible regulation that are representative of several legal systems. The seminar will consider, system-by-system, the national security/free press dilemma: society's goals of protecting the rights of the mass media to cover and criticize government while at the same time organizing an effective form of self-rule; the paradox of unregulated speech coexisting with the goals of national defense and stable self-government; and the doctrines and mechanisms deployed in various legal systems to suppress the mass media, ostensibly in the name of security and effective governance.
The course will address, comparatively, other regulatory problems including defamation, seditious libel, privacy, election coverage, hate speech, incitement, fair trial/free press controversies, broadcasting, the Internet, and the use of prior restraints and contempt. The course aims in part to enable students, by reverse projection, to understand and reflect critically on the distinguishing features of the American system of free expression. Students will read cases, legislation, and essays and write a paper covering at least two legal systems.
L9325 SEMINAR: COMPUTERS, PRIVACY AND THE LAW (2 pts)
E. Moglen
This seminar will consider some of the issues defining the relationship between our constitutional order and the technological revolution through which we are living. Among the problems we will discuss are: encryption and communications privacy in relation to law enforcement and government intelligence gathering; the constitutional basis of "intellectual property" in the context of novel technological structures; the "new media" and the First Amendment; and constitutional sexual privacy in cyberspace. Some familiarity with the basic technology of the network, including use of a Web browser, will be necessary in order to participate effectively.
L9370 SEMINAR: EMERGING THEORIES OF INTELLECTUAL PROPERTY PROTECTION (2 pts)
R. Clarida
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 "hot news" misappropriation, or through 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 I.P. doctrines have left largely unregulated. Invited guests from academia and private practice will add their practical and theoretical insights to the discussion on several occasions.
L8033 SEMINAR: FALSE ADVERTISING (2 pts)
H. Weinberger
The last fifteen years have witnessed an explosion of false advertising litigation between competitors relating to consumer products, over the counter medications and more recently, with the advent of direct to consumer advertising, prescription drugs as well. These cases have involved all forms of communication, including television commercials, print advertising, promotional materials aimed at professionals, the internet and even face-to-face oral statements. This seminar will be devoted to an in-depth exploration of false advertising law, with particular emphasis on litigation under the Lanham Act.
Following a discussion of the boundaries between commercial and non-commercial speech and the development of the federal remedy for false advertising, we will explore such topics as: what is a literally false claim; the use of consumer surveys to prove that implied claims are being made; how literally false claims are proven false; the analysis of clinical and product tests used to support product claims, including issues of design of tests and analysis of test results; the use of demonstrations in commercials; and issues relating to remedies, including temporary restraining orders, preliminary injunctions, damages and corrective advertising. In addition to some key cases that will be provided online, the materials for the course will consist of expert reports, surveys, testimony and other documents from cases that have actually been litigated in the courts involving products as diverse as potato chips, contact lenses, analgesics and breast cancer drugs. In the last three weeks of the course, students will be divided into groups representing two parties in a case and further divided to address specific issues relating to each party's position. A paper will be required, which will be in the form of an opening statement or summation of one the party's positions. During the semester, one or two other short papers will be required on more discrete subjects such as analyses of particular surveys and expert testimony. There is no final examination.
There are no prerequisites for this seminar, other than completion of first year courses. Although the Lanham Act is also a trademark statute, the body of law that has developed in the false advertising area is quite distinct. There is also no need for a scientific background despite what may seem like considerable scientific content. Indeed, one focus of the course is to illustrate how attorneys who are themselves laymen in these areas can simplify complex scientific issues for judges and juries who may have no relevant background at all.
L8051 SEMINAR: FEDERAL COURT LITIGATION: TRADEMARK AND COPYRIGHT (2 pts)
R. Lehv
This is a "hands-on" course in litigating trademark, copyright, false advertising or right of publicity cases in federal court. Open only to students who have taken the introductory course in Trademark Law or Copyright Law (or both), it is taught from the perspective of an experienced trademark and copyright litigator. It should be of interest to any student who seeks to understand how intellectual property litigation works, particularly those who plan a career in the area.
We will start with pre-litigation considerations, such as investigating the defendant's activities and sending a "cease and desist" letter, and follow the litigation process through trial and appeal. Assuming that the goal of any litigation is to achieve the "just, speedy and inexpensive" resolution of the dispute, Fed. R. Civ. P. 1, we will focus on techniques for achieving those ends and problems that can impede them. In addition to reviewing and discussing cases, students will be given the opportunity to litigate realistic hypothetical cases by, for example, conducting the deposition or cross-examination of a survey expert or musicology expert, or presenting the trial testimony of a witness who allegedly was confused by two similar, competitive packages. We will also write pleadings, discovery requests and other litigation documents; engage in settlement negotiations; and draft survey questionnaires. Further, the instructor's law firm regularly conducts hearings, trials and appeals in federal court here in New York, and we will try to observe those and discuss them with the attorneys involved.
Fact patterns and substantive legal issues for the course will include: trademark infringement (likelihood of confusion between brand names); copyright infringement (two works that are alleged to be substantially similar); comparative advertising claims (one product is better, cheaper, etc., than a competitive product); infringement of trade dress, including package designs and product configurations; and use and misuse of names and likenesses of celebrities.
L9350 SEMINAR: FIRST AMENDMENT AND THE INSTITUTIONAL PRESS (2 pts)
(see Constitutional Law)
L9752 SEMINAR: INFORMATION TECHNOLOGY LAW: NEGOTIATION OF COMPLEX INDUSTRY TRANSACTIONS (2 pts)
(see Commercial Law and Advanced Contract Law)
L9327 SEMINAR: INTERNET AND COMPUTER CRIMES (2 pts)
(see Criminal Law)
L9327 SEMINAR: INTERNET AND COMPUTER CRIMES (2 pts)
(see Criminal Law)
L9090 SEMINAR: LAW AND THEATRE (2 pts)
S. Chaikelson
Enrollment is open to law students and to students from Theater Arts & Arts Administration. This seminar begins with an analysis of the copyright, trademark, and publicity rights framework of theater-related legal issues and then examines the various contracts involved in creating a theatrical property (a musical show), bringing it to the stage (especially Broadway), and exploiting it during its run and thereafter (e.g., on film, regular television, or cable). Students research the background law and practice for contracts they deal with, make up contracts, and with role playing and simulation will negotiate and revise various agreements that are considered.
Contentious issues, such as directors' intellectual property rights in their stage direction, and continuing exploitation of derivative works despite changes in the copyright status of underlying works, are also analyzed.
L9110 SEMINAR: LAW AND SPORTS (2 pts)
(see Commercial Law and Advanced Contract Law)
L9270 SEMINAR: LAW AND THE FILM INDUSTRY (2 pts)
T. Selz
This seminar will explore various issues involved in the production, distribution and exhibition of feature films. It will explore the tensions between economic considerations and the unpredictable intangibles of creative success. Using case law, newspaper articles, union agreements, and sample form agreements, the course will consider industry structure, creative control, credit, compensation, grant of rights, representations and warranties, and financing alternatives. There is a heavy emphasis in grading on weekly class participation since the course is taught using the Socratic method; there are two writing assignments, and an in-class negotiation of hypothetical offers, in lieu of a final. Class size is limited to 16 students; students not there for the first or second class will be dropped to make room for those on the waiting list; recommend students high on wait list attend first two classes to keep up with materials since in the past students high on wait list have been admitted to class.
L9272 SEMINAR: LAW AND THE MUSIC INDUSTRY (2 pts)
F. Koenigsberg
As intangible intellectual property rights form the core of all relationships in the music industry, an understanding of those legal rights is essential for an understanding of the workings of that industry. The course will therefore examine, in detail, each of the legal areas involved in bringing music to the public:
First, we will undertake an overview of specific legal rights involved in music, including copyright, trademark, and the right of publicity. Materials will include statutes and cases.
Second, we will conduct a detailed analysis of the relationships in the music industry and the application of intellectual property rights to each such relationship, including those of the songwriter/composer-music publisher; the performing rights society- music user; the copyright owner - musical theater producer; the music publisher - record company; the performing artist - record company; the record company - distribution chain; and the copyright owner - infringer. Materials will include cases, "standard" agreements, and supplementary written materials such as antitrust consent decrees.
Third, students will conduct a series of mock negotiations between songwriter and music publisher, record label and performing artist, and internet music service, publisher and label, and arguments in infringement cases, each of which will be critiqued as they unfold by the professor and attorneys working in the music industry.
Fourth, we will study and discuss current legislative issues and future trends, including the legislative response to, and future of, on-line music uses.
L9323 SEMINAR: LIFE, LIBERTY AND LIABILITY IN THE DIGITAL MILLENIUM (2 pts)
H. Parness
This seminar explores the changing nature of intellectual property liability, and specifically secondary liability, on the Internet and in the broader digital world. We begin by tracing the roots of secondary intellectual property liability and the Sony Betamax decision, then move into the Internet era, covering such as peer-to-peer file sharing and the Grokster decision, on-line speech liability, Internet auctions, rebroadcasting television, Internet VCRs, digital video recorders, MP3 devices, Internet radio, pop-up advertising, Google Book Search, YouTube, MySpace, and cross-border application and impact of the intellectual property laws. Along the way, we also study the various legislative modifications to the intellectual property laws in response to the Internet, notably the Digital Millennium Copyright Act and the Communications Decency Act. The seminar aims to illuminate not only how law impacts the Internet, but how Internet-era technologies and services are, in turn, redefining intellectual property law itself.
Due to the rapidly changing nature of this area of law, students are encouraged to bring new issues to class each week for discussion.
L8050 SEMINAR: PATENT LITIGATION (2 pts)
D. Ball, N. Groombridge
This seminar explores the changing nature of intellectual property liability, and specifically secondary liability, on the Internet and in the broader digital world. We begin by tracing the roots of secondary intellectual property liability and the Sony Betamax decision, then move into the Internet era, covering such as peer-to-peer file sharing and the Grokster decision, on-line speech liability, Internet auctions, rebroadcasting television, Internet VCRs, digital video recorders, MP3 devices, Internet radio, pop-up advertising, Google Book Search, YouTube, MySpace, and cross-border application and impact of the intellectual property laws. Along the way, we also study the various legislative modifications to the intellectual property laws in response to the Internet, notably the Digital Millennium Copyright Act and the Communications Decency Act. The seminar aims to illuminate not only how law impacts the Internet, but how Internet-era technologies and services are, in turn, redefining intellectual property law itself.
Due to the rapidly changing nature of this area of law, students are encouraged to bring new issues to class each week for discussion.
L8169 SEMINAR: PUBLISHING LAW FROM PRINT TO DIGITAL (2 pts)
E. Klaris
The seminar will cover crucial issues in publishing law, including copyright, libel, privacy, newsgathering, protecting sources and materials, advertising, Internet publishing, and international disputes. We will discuss what rights a print or digital publisher might acquire from an employee and a freelancer. Once the rights are obtained, we will look at how publishers exploit rights. We will review the fair use doctrine, both in print and on the Internet, and will work through the copyright issues relating to digital archives, terminations, reversions and renewals. For libel, privacy and newsgathering, we will read the most salient cases, watch videotapes of broadcasts that resulted in litigations, vet articles, and pick-apart hypothetical situations. We will discuss how reporters and news organizations protect sources in light of recent case law, and will look at the evolving definition of "journalist" in the age of the ubiquitous blogger. We will compare notions of privacy and free expression in the United States and abroad. A special guest will come to at least one class. Each student will write a research paper about a particular area of publishing law.
