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LAW 769

Copyright and Content in the Digital Age

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[ Academia ] [ Litigation ] [ Regulatory & Policy ] [ Transactional ] Business Law: Media, Entertainment, Sports

Why it is relevant for ...

[ Academia ] [ Litigation ] [ Regulatory & Policy ] [ Transactional ] as a Related Elective for those interested in Copyright & Trademarks : Lawyers who represent clients in the business of creating content, from media companies to individual artists, need to understand the impact of the Internet on copyright law. This course focuses on the litigation involving Google Books, which squarely presents the competing interests of content owners and consumers of that content. Its examination of the extra-legal strategies employed in this litigation should also provide useful instruction in the art of lawyering today.

General course Description:

The digital age has brought about unprecedented opportunity and upheaval in the creation and distribution of content. This seminar will examine digital disruptions to the business models of content creators and industries, and the corresponding impact of the Internet on copyright law, through the lens of the litigation involving Google Books. That litigation, which has been active in the courts for over nine years, is a microcosm of the vast issues that have faced content owners and consumers in the digital age: new technologies to reproduce and distribute works, evolving concepts of fair use, massive disruptions to economic interests, increased access to information, concerns about piracy, and threats to competition. We will examine issues related to copyright and content in the digital age by focusing not only on legal claims and defenses, but also litigation strategy, business strategy, and public relations strategy, all of which play an important part in the art of lawyering today. The seminar will explore in depth the many contours of the Google Books litigation, including transformative fair use and nondisplay uses, the problem of orphan works, the rise of ebooks, and the proposed class action settlement of the case, which was rejected by the district court in 2011. At the end of the course, we will also focus on epilogues to the litigation: the ebook antitrust case against both publishers and Apple and the ongoing disputes between publishers and Amazon. The seminar will include visitors who have been involved in the issues being studied. Grading will be based upon weekly reflections, class participation and (for those opting for Research credit) a long paper based on independent research. Some copyright experience is recommended. The course is open to graduate students throughout the university, especially the Graduate School of Business, the Department of Communication and the Journalism Program, by consent of the instructor. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Class Participation and Written Assignments or Research paper.

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