Law 874 Syllabus
Law 874 - Advanced Copyright Topics: Fair Use
Jack Bernard and Jessica Litman
Thursday 4:30 pm - 6:30 pm
Syllabus
We have posted links to background reading material that we think you will find helpful if you have not yet taken a course or clinic that covers the basics of copyright. You can find those links here.
Weekly Reading and Writing Assignments
January 11:
- Re-read 17 USC § 107
- Read the majority, concurring, and dissenting opinions in Andy Warhol Foundation for Visual Arts v. Goldsmith Download Andy Warhol Foundation for Visual Arts v. Goldsmith. About what do the Justices disagree?
January 16:
January 18:
January 23:
January 25:
January 30:
February 1:
February 6:
February 8:
February 13:
February 15:
February 20:
February 22:
February 23:
March 5:
March 7:
March 12:
March 14:
March 19:
March 21:
March 26:
March 28:
April 2:
April 4:
April 9:
April 11:
April 18:
Writing assignments:
- You will write short (no more than 300-word) essays every week. These assignments are mandatory and due every Tuesday at noon. Failure to complete them and turn them in on time may jeopardize your receiving credit for the seminar. We encourage you to collaborate with other students in the class on the weekly writing assignments.
- You will also write a ~ 25 page research paper on the copyright fair use topic of your choice. That paper will be due on Thursday April 18 at 5:00 pm. Please submit your paper topic on or before February 23.
- All citations in the research paper should conform to the citation format in The Indigo Book (2d ed. 2021) or the BlueBook (current edition)
Learning Outcomes:
Students in the seminar will:
- Study fair use in copyright in greater depth than is possible in a copyright survey course;
- Examine fair use history, public policy, jurisprudence, and practice;
- Investigate cutting-edge issues raised by the assertion of fair use defenses to novel copyright claims
- Explore a variety of discrete fair use questions from different vantage points though weekly short essays and in-class discussions
- Develop deeper expertise on a specific fair use topic by writing a research paper.
Class Participation and Attendance:
- This is a small class, and we expect each of you to participate in every class session. In the event, however, that you find a particular topic too painful to discuss or are otherwise unable to participate in a particular class discussion, let us know.
- The American Bar Association requires all law schools to enforce a policy requiring regular attendance. We expect you attend every class unless you are sick. If you feel sick, don't come to school at all. Stay home and get better. Please email both of us before class if you will be absent.
- It is the policy and desire of the Law School to provide reasonable accommodations for students with disabilities. Students who may require some type of accommodation should speak with Angela Baugher (abaugher@umich.edu) in the Law School Office of Student Life (734-764-0516) or with Natalie Ridgeway (rnatali@umich.edu), the Law School's SSD Coordinator at the University Services for Students with Disabilities (https://ssd.umich.edu/(Links to an external site.)).
Office hours:
- Jessica Litman, Wednesday 10:00 - 11:30 a.m. and by appointment
- Jack Bernard, by appointment