IM 450-01:
Fall 2022
Tuesday & Thursday, 12-1:15 GCC 124
Edward Lee Lamoureux, Ph. D.
Professor, Slane College of Communications and Fine Arts
Department of Interactive Media
CGCC 315; office: 677-2378; home: 672-5878
ell@bradley.edu
freeforafee.com
privacynnewmediayou.com
Lamoureux's homepage
Steven L. Baron, B.A., J. D.
Baron Harris Healey
150 South Wacker Drive, Suite 2400
Chicago, IL 60606
Phone: Direct 312.741.1027 | Main 312.741.1030
sbaron@bhhlawfirm.com
(class inquiries only. No free legal advice)
TEXTS (required)
Edward Lee Lamoureux, Steve Baron, M. Clair Stewart (2015). Intellectual Property Law and Interactive Media: Free For A Fee, 2nd ed.
Baron, Lamoureux, and Stewart (2015), Case Analyses for Intellectual Property Law and New Media.
Supplementary Materials
IoT Cybersecurity Act of 2020; DMCA [pdf] Summary of DMCA [pdf]; Copyright Law of the United States; World Intellectual Property Organization (WIPO)
In addition to the materials linked above, these files are accessed from the files folder on Canvas:
-A Summary of the EU General Data Protection Regulation.pdf
-Promontory_GDPR_compromise.pdf
-Frequently Asked Questions about the GDPR.pdf
-gdpr.pdf
-Here's What The Music Modernization Act Would Do.pdf
-Copyright Term and the Public Domain in the United States January 24 2020 [.pdf]
-MUSIC MODERNIZATION ACT [.pdf]
COURSE OBJECTIVES
Interactive Media students operate in production, management, and consumption environments filled with increasingly complex intellectual property issues and practices. IM 450 seeks to familiarize you with creative, social, cultural, and legal contexts and challenges surrounding the protection of (1) intellectual property (2) intellectual creativity and (3) creative environments and materials in the commons. You should leave the course with an increased appreciation of interrelationships among the roles of law, public policy, economic development, and creativity in interactive media activities.
REQUIREMENTS
IM 450 uses CANVAS as learning management system (LMS). Please familiarize yourself with CANVAS. Find CANVAS instructions and resources: Introduction to Canvas: Student Tutorial. Contact the BU technology help desk (309-677-2964/servicedesk@bradley.edu) for assistance.
Grades are established by the total number of competed assignments with a base of 24 credits (24 in daily assigments; 5 in optional final exam; 2 in optional extra credit). Range, below, indicates number of completed assignments in the grade range. All work is pass (1) or fail (0). Grades of 0 on daily assignments will be explained via email with a 24-hour grace period for correction/resubmission (from the time the email is sent). No corrections to, or regrades of, the Final exam.
I post the PowerPoint slides from each class day on this syllabus, after class.
GRADING
Graduating majors in the Department of Interactive Media must have attained a "C" or better in IM 450.
A: 24-21 completed
B: 20-19 completed
C: 218-16 completed
D: <16
Daily assignments (24 @ 1 credit each)
Assigned writing must be turned in (Canvas) prior to the start of class on the relevant day. No late assignments accepted/scored. No "reworks" or "grace periods" allowed for assignments that are not turned in on-time. Post daily assignments to Canvas Assignments by typing or pasting into the Canvas text window. DO NOT ATTATCH DOCUMENTS OR LINK TO DOCUMENT FILES HELD ELSEWHERE.
The end of each chapter in the main text (F4F) includes an annotated list of related cases found in the case text (CAIPLM). If/when an assignment asks you to "Read and Summarize" DO NOT summarize those last sections that preview chapters in CAIPLM.
The Learning Objectives and Discussion Questions in both texts aid comprehension and your study for the final examination. Many of the Learning Objectives and Discussion Questions in the case text, and a few in the main text, are used as activities for the reading assignments. Follow the directions on the syllabus. Ask if you are unclear.
Final Exam: (1 @ 5 credits) December 13 12-2pm, GCC 124. Students need not attend. Students who do not attend will be given the grade associated with their total number of credits sans the final examination.
Extra Credit Reading Reports:
You may earn up to 2 extra credit units by completing 2 assignments drawn from:
Eric Goldman, Internet Law: Cases and Materials, July 2022. You can acquire the text at:
* PDF ($10): https://ericgoldman.gumroad.com/l/nrtah
* Kindle ($9.99): https://amzn.to/3yd2ktH
* Soft cover ($20): https://amzn.to/3uk3C4L
* Hard cover ($28): https://amzn.to/3R4ikqF
The Kindle version "pagination" does not match the other editions' pagination. Check with me if you acquire/use the Kindle version.
Extra credit due dates and assignments are listed on the syllabus. No late extra credit will be accepted. Post extra credit reading reports to Canvas Assignments.
SPECIAL CONSIDERATIONS:
Due dates and times are listed on the syllabus. Syllabus will be updated, when needed, with notice.
The Final Exam December 13 12-2pm, GCC 124. Students need not attend. Students who do not attend will be given the grade associated with their total number of credits sans the final examination. [Be careful as this is toward the end of exams. DO NOT MAKE EARLY VACATION PLANS.] No early or make-up
exams will be arranged without extreme circumstances. Students with emergencies must contact Dr. Lamoureux (by
phone or teleconference) before the end of the test period; consideration will be given for emergencies. Remember that I do not use text messaging; do not send text messages to me.
All students are responsible to the same syllabus schedule, regardless of outside or BU-sponsored activities. I only accept materials early by agreement. Absences must be thoroughly documented and arrangements made BEFORE THE CLASS IN QUESTION in order to qualify for exception.
There
is a Canvas site for class-wide email, resources, extra-credit assignments, and grades.
Electronic devices may not be used in class other than your laptop or tablet. This includes iPods/mp3 players and cell phones. Use of additional electronics will meet with the suggestion that you log off and/or leave the classroom.
In accordance with University procedures, if you have a documented disability and require accommodations to obtain equal access in this course, please contact me privately to discuss your specific needs. You must be registered with Student Access Services located at 100 Heitz Hall. You can reach the SAS at (309) 677-3654 or find more information at the Student Access Services website [http://www.bradley.edu/offices/student/sas/]. The service requires advanced notice for accommodations; please contact them now.
Students will not be allowed to record class sessions. If your learning accommodation requires recording, I will record the session and make it available, under supervision, within the Department of Interactive Media during regular business hours.
Please do not call (home, 672-5878; cell 635-2605) after 8pm unless there is an emergency. "Official" office hours
are via Zoom by appointment. e-mail & FaceTime: <ell@bradley.edu>; Skype: <dredleelam>.
Policy
regarding e-mail communication about grades:
As a matter of the Department of Interactive Media's policy to protect student privacy
and in accordance with the Family Educational Rights and Privacy Act,
questions and concerns regarding grades must be presented in a printed letter, by telephone, or via teleconference. Instructors will not respond to questions and concerns,
regarding grades, communicated through e-mail .
Policy regarding student absence due to an illness:
When missing classes and related assignments due to an illness, it is
the student's responsibility to provide documentation to verify the student's absence due to illness, unless the Office
of the Associate Provost for Student Affairs informs an instructor of
the basis for the student's absence. In order for me to call the Health
Center or your health care provider to verify your reason for absence, you must sign an informational release for each instance if you use campus facilities. Send scanned notes from private doctors via email.
In accordance with University policies, the Department of Interactive Media does not condone the use of pirated software. Details of the University policies are articulated at <http://www.bradley.edu/irt/policies/5.04.html>; further, the Student Handbook, at item 6 <http://www.bradley.edu/campuslife/studenthandbook/policies/conduct/>, forbids the possession of stolen goods. Students in violation of these policies can expect enforcement via the university procedures regarding conduct.
Professor Baron does not give free legal advice. Don't ask him about personal legal business unless you intend to hire him. You may check issues with me; I can often give you a "read" as whether you need to hire/see a lawyer. I will sometimes check with Mr. Baron to be sure that I'm not giving you bad information. It's likely that I will remind you of what we are learning in class and/or refer you to legal counsel, but, DO NOT HESITATE TO ASK: Do not get into trouble thinking that you can't ask for help. Ask for help and I'll direct y0u toward resources. Remember that I am not a lawyer and do not give legal advice although I can direct you to legal resources.
FLEXIBLE SCHEDULE
{subject to revision with notice}
AUGUST
Assignment for class 2: Read F-4-F, "Preface to the 2nd Edition" xiii-xvii [stop at "Readers will find the following changes:"]; F-4-F, "Introduction," 1-10 [stop prior to "Types and Categories"]. (1) Answer the questions three questions, p. 24, under "Detail current socio-political contexts . . ."
30 [class 2] Introduction to intellectual property issues in new
Assignment for class 3: Read F-4-F, "Introduction" 10-24 [always stop prior to "Preview"]. (2) Answer the last two questions, p. 24.
SEPTEMBER
1 [class 3]
Assignment for class 4: Read from F-4-F, "Chapter One: Copyright" from p.26 "Developing Copyright Law" to p. 36 [stop prior to "Legislative Development of "]. Over the weekend, read as much of the rest of Chapter 1 as you wish. Historic development of legislative law, p. 36-50. The section on the DMCA, p. 46-49 is very important: the DMCA will be mentioned, often, in class. If you read the "Emerging Trends" section, skip the first trend ("Expiration of the Term Extension in 2018"). The term extension expired and Congress DID NOT renew/further extend the term. The rest of the "Trends" are still in play. (3) Answer the first seven questions under "Detail the ways that copyrights work" p. 59. Watch Good Copy, Bad Copy <https://vimeo.com/19941622>. Note comments/questions as needed.
6 [class 4] Copyright part 1; Issues in Keyland's portraits.
Assignment for class 5:
8 [class 5] Copyright, part 2--Three Copyright Issues. Fair Use: "Court Quashes 512(h) Subpoena Submitted to YouTube–Watch Tower v. Kevin McFree"; Public Domain: "In 2024, Mickey Mouse Will Finally Enter the Public Domain—Sort of"; Orphaned Works: "Finding Owners and Getting Permission"; "Treatment of Orphan Works"; Ed's horror story: Noel's newspaper interview.
Assignment for class 6: Read
13 [class 6] Mr. Baron on Copyright cases. Guest: Elisa Marie Lopez, BU IM & Music alum who is now Sr. Coordinator, Sync Clearance at Warner Chappell Music.
Assignment for class 7: Read F-4-F, "Chapter Three: Patent. (6) Answer 4 of the 5 questions under "Detail the tasks and costs associated with filing patent applications" p. 100. DO NOT "Draw timelines."
15 [class 7] F-4-F, "Chapter Three: Patent." WiLANtm--a Quarterhill Company.
Assignment for class 8: Read CAIPLM, "Chapter Three: Patent." (7) Complete the "Learning Objectives and Discussion Questions" by attaching the name of the case that applies to the issue in the Objectives/Questions.
20 [class 8] "Apple v WiLan"; "Google Infringed on Sonos Speaker Technology"; "Top 300 Organizations Granted U.S. Patents in 2021 & 2021 Patent Owners" (alpha order)
Assignment for class 9: Read F-4-F, "Chapter Four: Open Source and Open Access." (8) Answer the last two questions under "What arguments can you provide for or against," p. 111.
22 [class 9] Open Source and Open Access; OASPA; "Open Access Publishing : What is Open Access"? ; "Open Access Overview" Open Access Journals; Directory of Open Access Journals.
Two assignments for class 10: Read CAIPLM, "Chapter Four: Open Source and Open Access." No assignment due for CAIPLM Chapter Four. (9) Read F-4-F, "Chapter Five: Trademarks." Answer the first 3 ("Define . . . Describe how . . . Describe the") and 6th ("Define and differentiate among") questions under "Detail the definitions for and types of trademarks" p. 129.
27 [class 10] Trademarks.
Assignment for class 11: Read "CAIPLM, "Chapter Five: Trademarks." (10) Answer the five "Learning Objectives and Discussion Questions."
29 [class 11] Kevin's Trademark case; Mr. Baron on Trademark clients and cases
Assignment for class 12: F-4-F, Read "Chapter Six: Trade Secrets." (11) Answer the first three questions under "Detail the basic functions of trade secrets" and the first two questions under "Detail the legal procedures" p. 146.
OCTOBER
Assignment for class 13: F-4-F, CAIPLM, "Chapter Six: Trade Secrets." (12) Answer the four "Learning Objectives and Discussion Questions" by attaching the name of the case that applies to the issue in the Objectives/Questions
6 [class 13] Trade Secret Cases & Mr. Baron on Trade Secrets.
Assignment for class 14 : Read F-4-F "Chapter Seven: Tort Laws for IP of the Persona." (13) Answer the last three questions under "Detail the right of publicity" p. 176.
7-11 FALL BREAK
12 Extra Credit 1 due. Answer the following questions: Chapter 5 review question #1; Chapter 6 review question #1. For both set of questions, provide 1-2 sentences explaining the reason for your answer, with a page citation from Goldman’s book. Use your own words; do not cut and paste from the book.
Assignment for class 15:
Assignment for class 16: CAIPLM, "Chapter Seven: Tort Laws for IP of the Persona." (15) Answer the following questions: For Publicity: "Note ways that ubiquitous images of private citizens . . . ."; for Privacy
19 Midterm Grades Due
20 [class 16]
Assignment for class 17: Read F-4-F, "Chapter Eight: International." (16) Answer the first two questions under "Detail the major" p. 194.
25 [class 17 & 18] International IP law. "Village pub asked to change name by Vogue magazine"; "Telegram: Where women's nudes are shared without consent"
Assignment for class 18 : Read CAIPLM, "Chapter Eight: International." No assignment due.
NOVEMBER
Assignment for class 20:
Assignment for class 21: Read
10 [class 22] Cases, Chapter Ten: Games and Virtual Worlds
Assignment for class 23 (22): Read and Summarize F-4-F, "Chapter Eleven: Surveying the Landscape."
15 [class 23] "Surveying the IP Landscape and future."
Assignment for class 24 (23): Provide 2 "pro" and 2 "con" arguments for/against the First, Second, and Third proposals. Describe/explain your arguments in roughly 1 paragraph each (12 total).
16 Last day to drop classes with a "W" on the transcript
17 [class 24] Proposals 1, 2, and 3
Assignment for class 27 (24): Provide 2 "pro" and 2 "con" arguments for/against the Fourth, Fifth, and Sixth proposals. Describe/explain your arguments in roughly 1 paragraph each (12 total).
22 [class 25] No class
23-25 Thanksgiving Break
29 [class 26] No class
DECEMBER
1 [class 27] Proposals 4, 5, and 6
Assignment for class 28 (25): Provide 2 "pro" and 2 "con" arguments for/against the Seventh and Eights proposals. Describe/explain your arguments in roughly 1 paragraph each (8 total).
6 [class 28] Proposals 7 and 8
11 Extra Credit 2 due. Answer the following questions: Chapter 8 review question #1; Chapter 8 review question #2. For both set of questions, provide 1-2 sentences explaining the reason for your answer, with a page citation from Goldman’s book. Use your own words; do not cut and paste from the book.
13 FINAL EXAM 12-2pm
