1. Paper Preparation class
What is a copyright?
What is something that has a copyright?
If someone took you to court for a copyright violation, what would the trial look like?
Take everything off your desk. You won’t need a pencil until after the trial.
Please spend the time before the bell rings talking to other students about these questions:

2. James Bond in a Honda? (SS.7.C.2.6)
- by the end of this lesson, you should be able to:
simulate participation in a trial by reading a script
identify the major components and players in a trial
simulate jury deliberation by applying real laws to the facts in the trial in order to reach a verdict
evaluate the arguments of both sides in the trial

3. Today’s Mock Trial
Everyone will have a role in today’s trial. Everyone will be graded on their participation during the trial. You will lose points if you are out of place when it is your turn to read or off-task when it is not your turn to read.

4. Dramatis Personae 8 Witnesses 4 Honda Lawyers Judge Witness Stand
Court Clerk Bailiff
Court Reporter
6 MGM Lawyers

5. Let’s begin!
When everyone is seated and ready, this screen will go dark. Please be ready to read when it is your turn.

8. Trial Review: The Court Reporter’s Job
It is the court reporter’s job to write this since she/he had no speaking parts. As a class, tell her/him what to write. If there was not court reporter, this is the bailiff’s responsibility. Plaintiff (who?)__________ brings this case under the Copyright Act, 17 U.S.C. §§ 101 et. seq., alleging that the defendant (who?) _______________________________ (did what?) ___________________________ _____________________________________

9. Trial Review: The Court Reporter’s Job
It is the court reporter’s job to write. You need to get out a sheet of paper and copy.
Testimony Cross-examine Re-direct
Objection (Overruled Sustained Withdrawn)
Plaintiff Defendant Deposition
Grotesque Parody Spoof

10. Jury Instructions – Your Duty As Jurors
Ladies and gentlemen of the jury: As the judge, it is my duty to instruct you in the law that applies to this case. As jurors, you must follow these instructions. Your duty will be to decide what the facts are in this case based on the evidence you heard. You must then apply the rules of law to those facts.

11. Jury Instructions – Your Duty As Jurors
When you apply the rules of law, you may not use your own judgment. You may not rely on your own opinion about what the law should be. You must base your verdict only on the law that I give you in these instructions. Each group will have a copy of these instructions, as well.

12. Jury Rules on EVIDENCE
CONSIDER ONLY THE EVIDENCE To decide this case, you must consider the evidence. Evidence consists of the witnesses’ testimony and the exhibits you saw. Any arguments or opinions the lawyers expressed are not evidence. Anything you have seen or heard outside the courtroom is not evidence.

13. Jury Rules on EVIDENCE
CONSIDER ONLY THE EVIDENCE In addition, you must disregard any evidence that was objected to if the judge sustained the objection. You may not use any other source of information to help you decide this case.

14. Jury Primer on the LAW – Copyright Law
Original motion pictures are protected by United States copyright law. Only the owner of the motion picture may create works based on that motion picture.
It is a violation of United States copyright law for someone else to create a work based on the copyrighted movie.
As jurors, it is your duty to determine whether Honda created a work based on the “James Bond” films.

15. Jury Primer on the LAW – “Fair Use”
“FAIR USE” DEFENSE
Someone accused of violating a copyright may defend themselves on the ground that they made “fair use” of the copyrighted work.
It is not a violation of copyright law to use a copyrighted work for criticism, comment, news reporting, teaching, or research. This is called “fair use.”
To determine if a work is a “fair use” of a copyrighted material, you must look at the fair use three factors.

16. Jury Primer on the LAW – “Fair Use”
“FAIR USE” DEFENSE – FACTOR 1
PURPOSE OF THE USE
If the original work was copied in order to make money, this factor weighs against the defendant, making a guilty verdict more appropriate. However, if the original work was transformed in order to make fun of it or criticize it, this factor weighs in favor of the defendant, making a not guilty verdict more appropriate.
The more the copy transforms the original, the less it matters whether the copy was used to make money.

17. Jury Primer on the LAW – “Fair Use”
“FAIR USE” DEFENSE – FACTOR 2
HOW MUCH WAS COPIED
If the copy steals the “heart” of the original, this factor weighs against the defendant. This means that the copy has the same style and feel as the original.
Even if it has the “heart” of the original, the purpose of the use and the amount of transformation may override the fact that the copy has the same style and feel as the original.

18. Jury Primer on the LAW – “Fair Use”
“FAIR USE” DEFENSE – FACTOR 3
EFFECT ON MARKET FOR THE ORIGINAL
If people would buy the copy instead of buying the original, this factor weighs against the defendant. In addition, ask yourself whether anything about the copy would make the original less valuable or make people not want to buy the original.

19. Jury Primer on the LAW – “Fair Use”
“FAIR USE” DEFENSE
BALANCING THE FACTORS
You must balance these factors together to decide whether, as a who9ole, they weigh in favor of fair use (in favor of the defendant) or they weigh against fair use (against the defendant).

20. Jury Primer on the LAW – “Fair Use”
“FAIR USE” DEFENSE
BALANCING THE FACTORS
If you find that Honda made “fair use” of the James Bond idea, you must find that Honda is not guilty of copyright violation even if Honda copied the James Bond idea.
If you find that Honda copied the James Bond idea but did not make “fair use” of the idea, you must find that Honda violated U.S. copyright law.

21. Jury Groups

22. Jury Activity Instruction
Please move to your jury groups now. Send one person up to get the first jury activity. A different person must be the writer for each activity. There are 5 activities that must be finished: Initial Question, Factors 1, 2, 3, Verdict. Show me your activities as you finish them. I will give you the next one. Make sure every members name is on every paper.

23. What Really Happened?
In the real world, courts found that Honda had infringed on MGM’s copyright of James Bond. They were forced to take their commercial off television because it was not considered fair use.