All of the assigned readings are available online through the links in the syllabus, below. In addition, most of the readings are available in two printed volumes, available (for a total of $25) from Amazon through the following links:
Prior to the seminar for each week, students in the online sections should have both watched the recorded lecture and read the assigned material. The lectures are especially crucial; students who have not watched them will not be able to participate effectively in the seminars.
Many of the assigned readings consist of edited judicial opinions. Non-lawyers unfamiliar with this genre may find helpful the following document: Understanding Judicial Opinions
Week 1 (January 29 – January 31)
Lecture 1: The Foundations of Copyright Law
Readings
- 17 U.S.C. 102(a)
- Feist Publications, Inc. v. Rural Telephone Service Co., 499 U.S. 340 (1991) [pdf] [MS Word][h2o]
- Mannion v. Coors Brewing Co., 377 F.Supp. 2d 444 (S.D.N.Y. 2005): paragraphs 1-79 [pdf] [MS Word] [h2o][Illustrations]
- “Generative AI exists because of the transformer,” Financial Times, September 12, 2023
- Second Request for Reconsideration for Refusal to Register SURYAST (Copyright Review Board, December 11, 2023) [pdf]
Week 2 (February 5-7)
Lecture 2: Fairness and Personality Theories
Readings
- William Fisher, “Theories of Intellectual Property,” in Stephen Munzer, ed., New Essays in the Legal and Political Theory of Property (Cambridge University Press, 2001)
- IP Theory Chatbot [experiment with it]
- Turner Entertainment Co. v. Huston, Court of Appeal of Versailles, France, December 19, 1994 [pdf]
Week 3 (February 12-14)
Lecture 3: The Subject Matter of Copyright
Readings
- DC Comics v. Towle, 802 F.3d 1012 (9th Cir. 2015) [pdf] [MS Word] [h20]
- Star Athletica v. Varsity Brands (US Supreme Court 2017) [pdf]
Week 4 (February 19-21)
Lecture 4: Welfare Theory
Readings
- IP Theory Chatbot [experiment with it]
- Google v. Oracle (SCOTUS 2021), paragraphs 1-49, 107-125 [pdf] [MSWord]
Week 5 (February 26-28)
Lecture 5: Authorship
Readings
- 17 U.S.C. 201
- Lindsay v. The Wrecked and Abandoned Vessel R.M.S. Titanic, 52 U.S.P.Q.2d 1609 (S.D.N.Y. 1999) [pdf] [MS Word][h2o]
- Aalmuhammed v. Lee, 202 F.3d 1227 (9th Cir. 1999) [pdf] [MS Word] [h2o]
Week 6 (March 5-7)
Lecture 6: The Mechanics of Copyright
Readings
- Stewart v. Abend, 495 U.S. 207 (1990) [pdf] [MS Word] [h2o]
- Eldred v. Ashcroft, 537 U.S.1 86 (2003) [pdf] [MS Word] [h2o]
Week 7 (March 12-14)
Lecture 7: The Rights to Reproduce and Modify
Readings
- 17 U.S.C. 106
- Steinberg v. Columbia Pictures Industries, Inc., 663 F.Supp. 706 (S.D.N.Y. 1987) [pdf] [MS Word] [h2o] [Illustrations]
- Rentmeester v. Nike, Inc. (9th Cir. 2018) [pdf]
- Mannion v. Coors Brewing Co., 377 F.Supp. 2d 444 (S.D.N.Y. 2005): paragraphs 81-94 [pdf] [MS Word] [h2o] [Illustrations]
Week 8 (March 26-28)
Lecture 8: The Rights to Distribute, Perform, and Display
Readings
- Kirtsaeng v. John Wiley & Sons (U.S. Supreme Court, March 19, 2013) [pdf] [MS Word] [h2o]
- American Broadcasting Companies v. Aereo, Inc., 134 S.Ct. 2498 (2014) [pdf] [MS Word] [h2o]
Week 9 (April 2-4)
Lecture 9: Fair Use and Misuse
Readings
- 17 U.S.C. 107
- Google v. Oracle (SCOTUS 2021), paragraphs 50-106, 126-163 [pdf] [MSWord]
- Warhol Foundation v. Goldsmith (SCOTUS 2023) [pdf] [MSWord]
Week 10 (April 9-11)
Lecture 10: Cultural Theory
Readings
- IP Theory Chatbot [experiment with it]
- 17 U.S.C. 106A
- William Fisher, “The Puzzle of Traditional Knowledge,” 67 Duke Law Journal 1511 (2018)
Week 11 (April 16-18)
Lecture 11: Supplements to Copyright: Secondary Liability and Para-copyright
Readings
- Cox Communications v. Sony Music (Supreme Court of the United States 2026) [pdf]
- Viacom v. YouTube, 676 F.3d 19 (CA2 2012) [pdf] [MS Word] [h2o]