Law 633 Copyright

Final Revised Syllabus

Tues, Wed, Fri 1:20 - 2:35 p.m.

1020 Jeffries Hall

Required Texts:

Julie E. Cohen, Lydia Pallas Loren, Ruth Gana Okediji & Maureen A, O'Rourke, COPYRIGHT IN A GLOBAL INFORMATION ECONOMY (5th edition 2019), isbn 9781543813630. I recommend that you purchase the Looseleaf edition, which sells for $90. If you prefer, a $359 hardcover edition is available for sale or rent; it should also be possible to find an inexpensive used copy. Do not buy the $269 ebook, since you won't be able to use it in the classroom.
- (If you haven't gotten your copy of the casebook yet, the law library has scanned the first three chapters. You can find that scan here.)
2025 Cumulative Supplement (revised July 2025)(free download.)
A current copy of the Copyright statute (Also free. Download it here). If you'd prefer a paper copy, this print-on-demand edition is inexpensive. If you need a screen-reader-compatible version, Cornell has posted one here.

Assignments:

August 26, 27, 29:

- Read:
  - Casebook pp. 1-62
  - 17 U.S.C. §§ 101, 102
- View:
  - Explore the links to copyright-related references and other material posted at https://websites.umich.edu/~jdlitman/classes/copyright/Copyref.htmlLinks to an external site.
  - Compare a video of Williams' Defender game with a video of Arctic's Defense Command game
  - Check out images of the posters created to advertise Wallace's circus here, here, and here.
  - Optional:
    - View the full video of Kyle Hanagami's choreographic work or/and skim the 9th Circuit's opinion
- Write:
  - Short essay due Thursday August 28

September 2, 3, 5:

- Read:
  - Casebook pp. 62-129
  - 17 USC § 101, 102, 103
- View:
  - Browse the Copyright Office online archive of Review Board letters, reviewing examiner refusals to register copyrights. Read a few recent letters.
  - Optional:
    - - Aaron's uncle, Kevin M. Kelly, clerked for Justice O'Connor during the 1990-91 term. On Friday, Aaron interviewed his uncle about his recollections of working on the Feist case, and recorded the conversation on Zoom. Watch the 11-minute recording for the inside scoop on the Feist opinion.
- Write:
  - Short essay due Thursday September 4

September 9, 10, 12

Guest lecture, Wednesday September 10, Dave Hansen, Authors Alliance

- Read:
  - Casebook pp. 131-72
  - Supplement pp. 1-9
  - 17 USC §§ 101, 102, 103, 201, 204
- View:
  - Read the synopsis and credits for Heads Up!, a short film directed by Alex Merkin and produced by Robert Krakovski
  - Who Holds Copyright at the University of Michigan? Read the University's Standard Practice Guide § 601.28Links to an external site.
  - Optional:
    - - View the Heads Up! trailer
      - Explore Anna Indiana's YouTube channelLinks to an external site.
- Write:
  - Short essay due Thursday September 11

September 16, 17, 19:

- Read:
  - Review Casebook pp. 147-172
  - Supplement pp. 9-13
  - Casebook pp. 177-200, 208-238
  - 17 USC §§ 101, 105, 113, 117, 120, 201, 204
- View:
  - Explore Public.Resource.orgLinks to an external site. and Law.Resource.org
- Write:
  - Statutory drafting exercise due Thursday September 18

September 24, 26:

No class on Tuesday September 23 (Rosh Hashanah). In lieu of a makeup class, please watch or listen to the video recording or audio recording of the 9th Circuit oral argument in Sedlik v. Von Drachenberg. You'll find some background on the case in the instructions for this week's writing assignment.

- Read:
  - Casebook pp. 245-299
  - Supplement pp. 14-15
  - 17 USC §§ 106, 501
- View:
  - Watch this cringy three minute excerpt from What Women Want
- Listen:
  - - Listen to the the two different songs named Love is a Wonderful Thing here and here
  - Optional:
    - Listen to the songs in suit in Arnstein v Porter
- Write:
  - Short essay due Thursday September 25

September 30, October 1, 3:

Class on Friday October 3 will be in S106

- Review Casebook pp. 294-99
- Read:
  - Supplement pp. 15-22
  - Casebook pp. 305-65
  - Supplement pp. 22-24
  - 17 USC §§ 101, 109
- Listen to the songs at issue in Skidmore v Led Zeppelin:
  - Taurus
  - Stairway to Heaven
- Write:
  - Copyright infringement problem due Thursday October 2

October 7, 8, 10:

- Review: Casebook pp. 356-61
- Read:
  - Casebook pp. 365-404, 406-411, 413-424
  - Supplement pp. 25-27
  - 17 USC §§ 101, 106, 109, 110, 114, 115, 602
- View:
  - Visit HathiTrust.Links to an external site. Find a book that you can read online.
  - Visit the Internet Archive's Open LibraryLinks to an external site.. Look for a book to borrow.
  - Visit the Ann Arbor District LibraryLinks to an external site.. Look for an audiobook that you can download or stream.
  - US Copyright Office's explanation (Links to an external site.) of the 2018 Music Modernization Act
    - Optional: Watch a 60-second promo from the MLC
- Write:
  - Statutory drafting exercise # 2 due October 9

October 15, 17:

(Fall recess October 14)

- Read:
  - Casebook pp. 424-56, 465-78, 661-66
  - Supplement pp. 28-34
  - 17 USC § 106A, 114, 115, 1001, 1008, 1401
- Listen:
  - Listen to Salsoul's recording of Love Break and Madonna's recording of Vogue
    - In a hurry? Here are short clips: Love Break; Vogue
- Write:
  - Short essay due Thursday October 16

October 21, 22, 24:

This would be a good week to make sure that you bring your copy of the copyright statute with you to class.

- Read:
  - Casebook pp. 666-724
  - 17 USC §§ 104, 104A, 201, 202, 203, 204, 302, 303, 304, 305, 401, 402, 408, 410, 411, 412, 1401
  - 1909 Act §§ 1, 2, 10, 11, 12, 13, 19, 20, 21 24, 26, 27, 28 (another copy of the 1909 Act is here)
- Write:
  - Due diligence problems due Thursday October 23

October 28, 29, 31:

- Read:
  - Casebook pp. 489-508, 535-50
  - Supplement pp. 35-63
  - 17 USC § 107
- Listen:
  - Compare Roy Orbison's Oh Pretty Woman with Two Live Crew's Pretty Woman
- View:
  - Visit the website of the Organization for Transformative WorksLinks to an external site.. Look around.
- Write:
  - Short essay due Thursday October 30

November 5, 7:

Guest lecture, Friday November 7: Shira Perlmutter, Register of Copyrights (The Register will join us via zoom. Click on the zoom link on the left of this page.)

(No class Tuesday November 4, election day)

- Read:
  - Supplement pp. 63-86
  - Casebook pp. 550-74
  - Supplement pp. 86-95
  - 17 USC § 107
- Write:
  - Short essay due Thursday November 6
- Optional: Register Perlmutter talked about the Copyright Office's three-part study on copyright and artificial intelligence. You can find part 2, on copyrightability, at this link, and part 3, on generative AI training, at this link.

November 11, 12, 14:

Guest lecture Friday November 14: Rachel Goldberg (JD 2013) and Adrien Vallens (JD 2019), Davis Wright Tremaine. (Rachel and Adrian will join us via zoom. Click on the zoom link on the left of this page.)

- Review Casebook pp. 559-71 and supplement pp. 86-95
- Read:
  - Casebook pp. 575, 585-86, 602-643
  - Supplement pp. 96-102
  - 17 USC § 512
- View:
  - Explore the Lumen projectLinks to an external site.
    - Optional: Read NYU Engelberg Center's blog post, How Explaining Copyright Broke the YouTube Copyright SystemLinks to an external site.
- Write:
  - Short essay due Thursday November 13

November 18, 19, 21:

- Read:
  - Casebook pp. 643-58, 769, 775-97, 813-24, 833-47, 853-56
  - Supplement pp. 104-05
  - 17 USC § 412, 502, 503, 504, 505, 506, 507, 512
- Optional: Read the Complaint in Galimberti v. Graham
- Write:
  - Statutory drafting exercise # 3 due Thursday November 20

November 25:

(No class Wednesday November 26 or Friday November 28, Thanksgiving)

- Please bring your laptop computers or other devices to class on Tuesday. We will allocate the first 15 minutes of class to filling out course evaluations.
- Read:
  - Supplement pp. 105-114
  - 17 USC § 1501, 1504, 1505, 1506, 1507

December 2:

- Read: Handout
- Listen: Optional - Listen to the oral argument in Sony v. Cox (No. 24-171)

Learning outcomes:

Over the course of the semester you will become well-versed in the provisions of the copyright statute and its construction by courts
You will gain skill in reading, interpreting, and writing statutory language
You will have many opportunities to examine the degree to which the current copyright law is well-designed to achieve the sometimes conflicting goals of promoting innovation, encouraging the creation and enjoyment of new creative works, enabling authors to earn money from the works they create, and furthering the wide dissemination of knowledge and art.

Reading, Viewing, and Listening Assignments:

This syllabus will change, often. I will frequently add additional optional examples to look at/listen to as a followup to our class discussion. If we get behind or ahead, I will adjust the reading assignments. Try to check the syllabus at least once every week.

Weekly writing assignments:

I encourage you to work on the weekly writing assignments with other members of the class. Each of you should upload your own copy of your assignment to Canvas in order to get credit for completing it.
The writing assignments are mandatory. You must turn all of them in to receive credit for the course. (I will accept late assignments until midnight on December 2.)
If more than a few of your writing assignments are late or incomplete, that will be reflected in your grade.
You may not use Chat GPT or any other generative AI tool to assist you in completing weekly writing assignments

Final Exam:

The examination in this course will be a 48-hour take-home exam. Your score on the exam will be the primary determinant of your grade in the course.
You may not use Chat GPT or any other generative AI tool to assist you in writing your answers to the exam.
This year's exam is likely to be similar to copyright exams I have given in the past. I have posted several years' worth of final exams along with model answers here, in a folder named "Past years' exams (with answers)".

Class Participation and Attendance:

I will post a list of students designated as "on call" for each week, and will expect those students to be prepared for cold calls during those weeks. If you are assigned to a week that doesn't work for you, arrange to trade weeks with a classmate and let me know in advance. If you miss a class when you are on call for any reason, I will assign you to be on call during an additional week. For some classes (e.g., discussions of your statutory drafting exercises), everyone should expect that they may be called on; I'll let you know about those. I also welcome and hope to rely heavily on volunteers.
In the event that you find a particular topic too painful to discuss or are otherwise unable to participate in a particular class discussion, let me know, and I will instead call on you in a later class.
I will post a pdf file showing my keynote slides to Canvas following each class. In addition, classes will be recorded, and the audio recordings will be available through Canvas.
The American Bar Association requires all law schools to enforce a policy requiring regular attendance. I insist that you attend classes regularly. If you feel sick, however, don't come to school. Listen to the recording instead.
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.)).
Laptop use during class sessions is not permitted. Please do not use laptop computers or tablets to take notes in class. If you have a disability that requires you to use an electronic device, please speak with Angela Baugher or Natalie Ridgeway to arrange for an appropriate accommodation.

Office Hours

Monday, 2:00m- 3:30 pm, 432 HH