As a follow up to our discussion in class yesterday, all students are advised to review the first five articles posted via the Dean's List today (Thursday, 1/29.09).
I will post Whitney's reading assignment as soon as I have it.
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Also, I owe you all a clarification regarding the RIAA litigation strategy wrap up:
The $222K was not a settlement, it was a verdict. The judge was the one who called it out as wrong after the fact:
"On September 25, the Law Blog asked whether liability for music file-sharing was on its way out the door. Why? Because last year, in the first ever file-sharing trial, a jury found Jammie Thomas, a single mother, liable for copyright infringement for offering to share 24 songs on the Kazaa file-sharing network. Thomas got hit with a $222,000 verdict. At trial, Judge Michael Davis told the jury that merely making songs available for distribution — known in copyright circles as the “making available” standard — was enough to constitute a copyright violation. In other words, the record companies didn’t have to prove actual distribution took place. But then, in September, Judge Davis not only decided his instructions were wrong, but he also implored Congress to change copyright laws to prevent excessive awards against individuals in similar cases."
UC Hastings College of the Law Spring Semester, 2009
Class Time: Wednesdays 4:40 – 6:50pm (unless otherwise noted) Class Location: 198 McAllister Room 219
1/14/09 Cecily Mak: Introduction; Digital Music Law: Licensing and Distribution Models Reading assignment: Landy, pp. 517-541; 1/14/09; Dean’s List (day of)
1/21/09 No Class; students are encouraged to attend the UC Hastings Intellectual Property Career Fair
1/28/09 Sarah Solomon: IP Licensing Basics Reading assignment: Landy, Chapter 8; Dean’s List (day-of)
2/4/09 Whitney Broussard: Music Publishing on the Internet Reading assignment: Listed in post above & Dean’s List (day-of)
2/11/09 NO CLASS; this class is treated as a Monday
2/18/09 Bill Growney & Chris Castle: Content License Agreements; Digital Media Considerations for Artists and Distributors NOTE: this class will be three hours long and will conclude at 7:50pm. Reading assignment: Distributed in 2/4/09 class (one deck, 3 articles & one agreement) & Dean’s List (day-of).
2/25/09 Movie Day: Rip; A Remix Manifesto Reading assignment: view this 19 minute video and article posted (related written assignment to be announced on the blog before 3/4/09):
3/4/09 Jon Blaufarb (& Associate Dave Kostiner): Music Rights and Artist Management in the Digital Age: A Music Artist’s Guide to Distribution and Marketing Music over the Internet; Long Tail; 360 Deals, etc. Reading assignment: TBD and distributed during 2/25/09 class & Dean’s List (day-of). Writing Assignment shall be posted on Class Blog before this class; due in class 3/18/09
3/11/09 NO CLASS; Spring Break
3/18/09 Zahavah Levine: User Generated Content & Intermediary Liability: DMCA & CDA 230 Reading assignment (in addition to Dean's List, day of): (1) IO Group v. Veoh Networks, US District Court, Northern District of California (August 28, 2008) found at http://www.eff.org/files/Io%20v.%20Veoh%20(d%20ct).pdf, (2) a to-be-provided outline from Fred Von Lohmann of the EFF, and (3) Mark Lemley, Rationalizing Internet Safe Harbors (2007) (wherein he argues that all intermediary liability should look more like 512, but which includes a nice overview of the entire landscape) found at <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=979836>
4/1/09 James Martin: Case Study: CastTV Reading assignment posted as a new post above on 3/24/09 + Dean’s List (day-of)
4/8/09 David Marglin: Database Law and Licensing: Sui Generis, Self-Help, and the Grey Areas of IP Protection Reading assignment: Agreement emailed by Korey + Landy, pp. 27-28; 191-200; 517-522; 536 (starting with “The Hot News Doctrine”)-543; 570-572 NOTE: this class will be extended to 7:30pm.
4/13/09 Jeremy Korer: Deal Making in the International Sports and Entertainment Industry [NOTE: CLASS in Room 640 of the 200 McAllister Building] Reading assignment: None, though please read the Dean's List (day-of)
4/15/09 John Jeffrey: ICANN and Beyond Reading assignment: Landy, pages 92-94; additional assignment to be distributed; Dean’s List (day-of)
4/21/09 This Tuesday will be treated as a Wednesday; Review