Introduction to the United States Legal System and U.S. Copyright Law
This class will focus on the United States legal system with a focus on intellectual property law, especially copyright law. Although the problems will be discussed under United States law, they are all problems that may occur in any country, and their resolution will necessarily have to follow similar reasoning, even where different conclusions are reached. The following topics will be addressed, with variations in emphasis according to the needs and desires of the students:
- United States legal system
- Constitutional structure - federalism
- Courts
- Federal courts
- State courts
- Specialty courts
- Judges
- Lawyers and law practice
- Individual state bars
- Specializations
- Business/litigation
- Patent and intellectual property
- Insurance, etc.
- Intellectual property
- Federal level
- Constitutional authority
- Patent and copyright statutes
- Trademark
- State level
- Trade secret law
- Rights of publicity
- Trademark
- Contract
- Copyright law
- Overall scope
- Copyright subject matter - original works of authorship
- Distinguish from patent subject matter
- Functionality
- Scope of protection - idea/expression
- Copyright owner’s rights
- Reproduce copies of the work
- Prepare derivative works
- Distribute copies to the public
- Publicly perform the work
- Publicly display the work
- Moral rights
- In general
- Visual Artists Rights Act in U.S.
- Originality and fixation
- Authorship
- Joint authors
- Works made for hire
- Originality
- Sports events
- Facts
- The idea/expression dichotomy
- In general
- Traditional copyright subject matter
- Literary works
- Musical works
- Pictorial, graphic, and sculptural works
- Sound recordings
- Facts and factual compilations
- Maps
- Blank forms
- Computer programs
- Architectural works
- Duration of copyright
- Termination of copyright transfers
- Infringement
- Proving infringement
- Access
- Substantial similarity of protected elements
- Fair use
- Remedies
- Digital Millennium Copyright Act
- Anti-access provisions
- Anti-copying provisions
- Liability of internet service providers