HLS Syllabus 2020

All of the assigned readings are available online through the links in the syllabus, below.  In addition, most of the readings are available in two printed volumes, available for purchase from Amazon through the following links:  Volume 1; Volume 2.

Week 1

Lecture 1: The Foundations of Copyright Law

Discussion (January 27): Originality

Discussion (January 28): The Idea/Expression Distinction

Week 2

Lecture 2: Fairness and Personality Theories

Discussion (February 3): Labor v. Personhood

  • John Locke, The Second Treatise of Government (1689), Chapter 5 [pdf]
  • Robert Nozick, Anarchy, State, and Utopia (1974), pp. 174-182 [pdf]
  • Turner Entertainment Co. v. Huston, Court of Appeal of Versailles, France, December 19, 1994 [pdf]

Discussion (February 4):  Nonfiction

Week 3

Lecture 3: The Subject Matter of Copyright

Discussion (February 10): Characters and Useful Articles

Discussion (February 11): The Entertainment Industry

Week 4

Lecture 4: Welfare Theory

Discussion (February 17): Information Technology

Discussion (February 18): Bounded Rationality

Week 5

Lecture 5: Authorship

Discussion (February 24): Multiple Authors

Discussion (February 25): Works for Hire

Week 6

Lecture 6: The Mechanics of Copyright

Discussion (March 2): Copyright and Parentalism

Discussion (March 3): Copyright and the Constitution

Week 7

Lecture 7: The Rights to Reproduce and Modify

Discussion (March 9): “Probative Similarity” and “Substantial Similarity”

Discussion (March 10): Derivative Works

Week 8

Lecture 8: The Rights to Distribute, Perform, and Display

Discussion (March 23): Distribution and First Sale

Discussion (March 24): Performances and Displays

Week 9

Lecture 9: Fair Use and Misuse

Discussion (March 30): Fair Use, Part 1

Discussion (March 31): Fair Use, Part 2

Week 10

Lecture 10: Cultural Theory

Discussion (April 6): Moral Rights in the United States

Discussion (April 7): Traditional Knowledge

Week 11

Lecture 11: Supplements to Copyright: Secondary Liability and Para-copyright

Discussion (April 13): Secondary Liability

Discussion (April 14): Technological Protection Measures

  • Universal City Studios, Inc. v. Corley, 273 F.3d 429 (2d Cir. 2001) [pdf] [MS Word] [h2o]
  • 37 C.F.R 201.40 (2018) [pdf]

Week 12

Lecture 12: Remedies

Discussion (April 20): Damages

Discussion (April 21): Injunctions and Crimes

Last modified:  January 21, 2020

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Berkman Klein Center for Internet and Society at Harvard Law School Harvard Law School