Curriculum Guide · Courses

Professor Wu

J.D. Course 1103 (cross-listed) | 2 credit hours

This course will engage in an exploration of legal issues that arise when licensing copyright. We will begin with a review of copyright and a discussion of how licensing has shaped the landscape in which authors reside, providing them with greater opportunities for profit and exposure. This first component of the course will also examine the factors that a company considers in deciding whether to handle licensing in house or to license out. Intellectual property auditing and valuation will be covered.

The second component of the course concentrates on properties that are licensed out. We will review the most common clauses found in copyright licenses and engage in drafting exercises of these clauses. We will also discuss the most common errors made in license drafting, their consequences, and how to handle them. The third course component looks at licensing directly to the user, the tools that are available to copyright holders that elect this route, and common types of licenses (e.g., click on) used in these situations. We will discuss digital works and distribution and the unique challenges and opportunities they present.

We will end the course on miscellaneous issues that may come into play during the course of a license agreement. These issues include antitrust, taxation, alternative dispute resolution, and international licensing concerns.

Many of the issues will be discussed using hypothetical case studies, with students assigned to represent/argue the interests of the licensee or licensor. There is no casebook assigned to this course, though students may be required to read a selection of cases, statutes, and articles relevant to each of the issues discussed, as well as sample licenses and contracts. Students will be graded based upon their class participation, drafting assignments, and a final take-home exam.

Prerequisite: Copyright Law.