LAW 7156

Copyright Litigation Lawyering

Course Description

Course information provided by the Courses of Study 2023-2024.

This seminar will allow students to gain the knowledge, expertise and confidence to successfully advocate and resolve copyright disputes. Seminar content will include the elements of direct and secondary liability; demonstrating and defending against claims of substantial similarity; navigating through the ever-evolving defense of fair use; enhancing or minimizing actual and statutory damages; the application of the Copyright Act statute of limitations; and negotiating strategies. Student will sharpen their skills in applying these concepts through in-class presentations in nearly every class, many of which will be videotaped. Students will also prepare a 5-page memo, based on the facts of an actual case, analyzing whether infringing content qualifies for fair use. Towards the end of the semester each student will start a mock litigation based on a hypothetical fact pattern by drafting a complaint and answering a fellow student's complaint. During the final two classes each student will negotiate with a fellow student (one playing the role of plaintiff's counsel and the other defendant's counsel) in an attempt to settle the mock litigation. The negotiation sessions will be videotaped. After each session, fellow students and the professor will provide feedback and guidance. 

When Offered Fall.

Prerequisites/Corequisites Prerequisite: LAW 5081 or LAW 7783. 

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