So I signed up to take/survey an online free course offered by Harvard. It's on Copyright. I had to write a short essay why I want to take the course and I was accepted. Twice. I wrote about how I don't think intellectual property exists, but intellectual recognition can be legalized. The first time was probably around 2017 and I did not have time to participate. I shall make time this time.
The course will not start until 1/31/2019 Thursday. But there's already readings and videos to watch. I shall COPY them for my own pleasure. But of course, though there will always be fools, out of their ignorance and pride, finding my stand "flippant", I shall give unto Caesar's [The government power] what's his, despite boldly making my case heard whenever I can.
Lectures
These twelve lectures were prepared and delivered by Prof. William Fisher. The original versions were recorded during the Winter of 2013. Six have since then been substantially revised.
All of the lectures are licensed under a Creative Commons License, the terms of which are available on the Permission page. Some suggestions concerning the alternative ways of gaining access to and viewing them are set forth at the bottom of this page.
- The Foundations of Copyright Law
- Introduction [YouTube] [Download] [Low-data download]
- Originality [YouTube] [Download] [Low-data download]
- The Idea/Expression Distinction [YouTube] [Download] [Low-data download]
- The System of Multilateral Treaties [YouTube] [Download] [Low-data download]
- Fairness and Personality Theories
- Introduction [YouTube] [Download] [Low-data download]
- Fairness [YouTube] [Download] [Low-data download]
- Personality [YouTube] [Download] [Low-data download]
- The Subject Matter of Copyright
- Literary Works (and software) [YouTube] [Download] [Low-data download]
- Dramatic Works (and choreography) [YouTube] [Download] [Low-data download]
- Music [YouTube] [Download] [Low-data download]
- Audiovisual Works [YouTube] [Download] [Low-data download]
- Fictional Characters [YouTube] [Download] [Low-data download]
- Visual and Architectural Works [YouTube] [Download] [Low-data download]
- Illustrations
- Welfare Theory
- The Utilitarian Framework [YouTube] [Download] [Low-data download]
- The Incentive Theory of Copyright [YouTube] [Download] [Low-data download]
- Applications and Assessment [YouTube] [Download][Low-data download]
- Illustrations
- Authorship
- Sole Authorship [YouTube] [Download] [Low-data download]
- Joint Authorship [YouTube] [Download] [Low-data download]
- Works for Hire [YouTube] [Download] [Low-data download]
- Illustrations
- The Mechanics of Copyright
- The Decline of Formalities [YouTube] [Download] [Low-data download]
- Duration [YouTube][Download] [Low-data download]
- Protective Provisions [YouTube] [Download] [Low-data download]
- Illustrations
- The Rights to Reproduce and Modify
- Reproduction [YouTube] [Download] [Low-data download]
- Improper Appropriation [YouTube] [Download] [Low-data download]
- Derivative Works [YouTube] [Download] [Low-data download]
- Illustrations
- The Rights to Distribute, Perform, and Display
- Distribution [YouTube] [Download] [Low-data download]
- Public Performances [YouTube] [Download] [Low-data download]
- Exceptions and Limitations [YouTube] [Download] [Low-data download]
- Illustrations
- Fair Use
- The History of Fair Use [YouTube] [Download] [Low-data download]
- Fair Use Today [YouTube] [Download] [Low-data download]
- Other Approaches [YouTube] [Download] [Low-data download]
- Illustrations
- Cultural Theory
- Premises [YouTube] [Download] [Low-data download]
- Implications [YouTube] [Download] [Low-data download]
- Supplements and Concerns [YouTube] [Download] [Low-data download]
- Supplements to Copyright: Secondary Liability and Para-copyright
- Secondary Liability [YouTube] [Download] [Low-data download]
- Dual-Use Technologies [YouTube] [Download] [Low-data download]
- Technological Protection Measures [YouTube] [Download] [Low-data download]
- Illustrations
- Remedies
- Equitable Relief [YouTube] [Download] [Low-data download]
- Damages [YouTube] [Download] [Low-data download]
- Criminal Penalties [YouTube] [Download] [Low-data download]
- Illustrations
Syllabus for Online Sections 2019
Week 1
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]
Week 2
Lecture 2: Fairness and Personality Theories
Readings:
Week 3
Lecture 3: The Subject Matter of Copyright
Readings:
- Star Athletica v. Varsity Brands (US Supreme Court 2017) [pdf]
- Oracle v. Google (CAFC 2014) [pdf] [MS Word] [h2o]
Week 4
Lecture 4: Welfare Theory
Readings:
Week 5
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
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
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]
- Mannion v. Coors Brewing Co., 377 F.Supp. 2d 444 (S.D.N.Y. 2005): paragraphs 81-94 [pdf] [MS Word] [h2o] [Illustrations]
- Castle Rock Entertainment, Inc. v. Carol Publishing Group, Inc., 150 F.3d 132 (2d Cir. 1998): paragraphs 11-58 [pdf] [MS Word] [h2o] [Illustrations]
Week 8
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
Lecture 9: Fair Use
Readings:
- 17 U.S.C. 107
- Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994) [pdf] [MS Word] [h2o]
- Cariou v. Prince, Docket No. 11-1197-cv (2nd Cir. April 14, 2013) [pdf] [MS Word] [h2o]
- Authors Guild v. Google, 804 F.3d 202 (2d Cir. 2015) [pdf] [MS Word] [h2o]
Week 10
Lecture 10: Cultural Theory
Readings:
- 17 U.S.C. 106A
- Martin v. City of Indianapolis, 192 F.3d 608 (7th Cir. 1999) [pdf] [MS Word] [h2o] [Illustrations]
Week 11
Lecture 11: Supplements to Copyright: Secondary Liability and Para-copyright
Readings
- Metro-Goldwyn-Mayer, Inc. v. Grokster, 545 U.S. 913 (2005) [pdf] [MS Word] [h2o]
- Viacom v. YouTube, 676 F.3d 19 (CA2 2012) [pdf] [MS Word] [h2o]
Week 01.
Lecture 1: The Foundations of Copyright Law
The Feist Publications, Inc. v. Rural Telephone Service Co. is one interesting one:
Feist wanted Rural's phone book directory for its own business gain, Rural refused due to competition in similar business.
Rural may broke monopoly law while Feist may committed copyright infringement.
It is interestingly funny that in #18: ... Rural asserted that Feist's employees were obliged to travel door-to-door or conduct a telephone survey to discover the same information for themselves...
So it establish the basis that facts are not copyrightable, but debating into whether compilation of facts is copyrightable. And to what extend of compilation?
As interesting as this is, I find this discussion at this stage of the course unsatisfactory. I had to know about the history of copyright law. I want to be sure that my hunch is correct about it: That copyright law, specifically intellectual property, is made for a very specific but not necessary model of economy. So I learned of the Battle of Cúl Dreimhne. Which is supposedly the first copyright problem cataloged in human history. This copyright thing became prolific since the printing invention. The battle, also known as the Battle of the Book, started from the dispute between the "innocent" copier St. Columba and the owner of the psalter, St. Finnian. Finnian wanted the copy while Columba wanted to keep his copy. The king ruled against Columba and a consequent war killed/injured 3000 lives. I should remind myself to visit Iona Abbey, should I find myself in Scotland. The Abbey which Columba founded, feeling guilty from starting the war and later just wanted to preach Christ. My solution to this is, though I am aware of the limitation of printing technology at the time, Finnian shouldn't have let Columba copy if it's for Columba's own keeping.
I believe CopyrightX should start with history like this. But anyway, it is still a good motivator for one such as me.
I still don't believe in copyright property, but I staunchly uphold copyright recognition. And as the means of copying becomes more technologically convenient, you either have a very very selfish/rich-wannabe author who restricts the freedom of others (e.g. copying works in the comfort and privacy of one's own house) in a way that's actively intruding the business of others; Or where there's no hindrance to the distribution or collection of knowledge and the author/compiler has to either repent from selfishness or give up the get-rich-quick scheme. It is obvious which side I am on. And I don't believe that this is hindering any artist's or author's livelihood, which seems to be the only argument given, because there were greater authors and artists before copying technology was advanced.
So bottom line is on the advancement of copy technology. Is it more important for the benefit of distribution and collection of knowledge or is it more important for catering to a composer's wealth under the pretense of "motivating" inventions and creativity. Unfortunately you cannot have both, at least not by enforcement of law.