Copyright Dispute Resolution Externship - Fall 2016
David Marriott and David Kappos, Lecturers-in-Law (2 graded academic and 2 ungraded clinical credits)
The Copyright Dispute Resolution Extemship is comprised of (a) a weekly, two-hour seminar, focused on the issues arising in copyright litigation, and (b) ten hours per week of fieldwork in copyright dispute resolution in actual cases (handled pro bono). The course will be limited to eight students.
Students will receive four credits total: two graded academic credits for the in-class seminar and two ungraded credits for the field work component. The seminar will be graded on weekly class participation, assignments and simulations. The course will be taught in the fall, and will be open to J.D. and LL.M. candidates. Students participating in this externship should have had a prior course in copyright law or otherwise have significant background in copyright law.
Seminar content and fieldwork will focus on the key elements of copyright dispute resolution. Those elements include, among other things, evaluating a case; drafting a complaint and preparing an answer; managing motions for a preliminary injunction; serving and responding to written discovery; taking and defending depositions; meeting with experts; dealing with dispositive motions; trying the case; negotiating settlements; and drafting licensing agreements.
A basic goal of the Externship is to teach students to understand the policy and doctrine of copyright law and to effectively handle the various tasks that arise in seeking to resolve copyright disputes. This will be facilitated both by the seminar and through field work comprised of representing real clients in actual copyright cases (handled pro bono).
The course will be taught, and fieldwork supervised, by David Kappos and David Marriott, both partners at Cravath, Swaine & Moore LLP. David Kappos was Undersecretary of Commerce and Director of the U.S. Patent and Trademark office during the first Obama Administration. David Marriott is a litigator whose practice focuses on complex litigation including copyright litigation.
The Copyright Dispute Resolution Externship will identify cases/clients (to be used in fieldwork) with the assistance of the Copyright Alliance. The Copyright Alliance is a nonprofit, nonpartisan public interest and educational organization representing artists, creators and innovators across the spectrum of copyright disciplines.
The Cravath firm provides its assurance that students participating in the Copyright Dispute Resolution Externship will receive an educational experience related to the practice oflaw and that they will be assigned exclusively to non-fee-generating pro bono matters.
Using the Copyright Litigation Handbook by Raymond Dowd, the weekly seminar will address the policies and doctrines of copyright law and the basic elements of copyright litigation. The seminar will not only include traditional classroom discussion but will also present the issues in the context of an actual copyright dispute, which students will handle as part of their fieldwork. Discussion of current cases being handled by students will be included in the seminar sessions, as applicable. In addition to discussion of legal materials and some academic scholarship, the seminar sessions will include role-playing.
The proposed syllabus outlines in detail the weekly seminar topics and associated readings. Assignments will be based on one or more hypotheticals presented at the beginning of the semester. Those hypotheticals will be carried through the semester, to ensure continuity and efficient focus on building skills across a defined set of facts throughout the semester. It is expected that guest lecturers will join at least two of the seminars to provide differing policy and/or practice perspectives.
In addition to the seminar, students will undertake I 0 hours per week of hands-on fieldwork on actual copyright disputes (handled pro bono). Students will work in four teams of two to represent actual clients in real disputes. Under the close supervision of Cravath lawyers expert in copyright matters, students will, as circumstances permit, evaluate a case; draft a complaint and prepare an answer; work up motions for a preliminary injunction; prepare written discovery; take and defend depositions; meet with experts; draft dispositive motions; participate in settlement negotiations; and draft licensing agreements.
Students are expected to represent musicians, authors, visual artists and other creators in cases sourced in collaboration with The Copyright Alliance. Generally, it is expected that students will assume responsibility for their case in the period just prior to filing the complaint, and that they will handle most aspects of the case that arise during the course of the semester. Students will learn to transition onto and/or off of existing cases, as will be required in actual practice.
Students will receive an educational experience related to the practice of law. In that connection, they will be assigned exclusively to non-fee-generating pro bono matters.
Please send an email to [email protected] and [email protected] by 5:00 p.m. on Monday, April 11th, 2016, including your contact information, class year, and a brief statement as to why you want to participate in this externship and what experience you have concerning copyright law. Please also include a resume and transcript and indicate whether you are available for a seminar on Monday nights.