1. Intellectual Property & Digital Entertainment Donald R. Simon, J.D./LL.M.

2. Agenda: Welcome! Welcome! About Prof. Simon About Prof. Simon About you About you Syllabus Syllabus Discussion threads Discussion threads Academic integrity Academic integrity Lecture Lecture Assignments Assignments

3. Me: 8 years of legal experience concentrating in the areas of entertainment and IP. 8 years of legal experience concentrating in the areas of entertainment and IP. 7 years of experience teaching legal and business issues to aspiring artists. 7 years of experience teaching legal and business issues to aspiring artists. Attended The John Marshall Law School in Chicago. Attended The John Marshall Law School in Chicago. J.D. and LL.M. in Intellectual Property. J.D. and LL.M. in Intellectual Property.

4. Me: Prior to becoming an attorney, worked in broadcasting for seven years in various production, programming, and management roles. Prior to becoming an attorney, worked in broadcasting for seven years in various production, programming, and management roles. Professional musician (bass guitar). Professional musician (bass guitar). Owner, Simon Business Consulting, Inc. Owner, Simon Business Consulting, Inc.

5. Contact Me: Email: dsimon@kaplan.eduEmail: dsimon@kaplan.edu AIM: musiclawyersimonAIM: musiclawyersimon Phone: 816.728.6948Phone: 816.728.6948 FB: facebook.com/donald.simonFB: facebook.com/donald.simon Linkedin: Search “Donald R. Simon”Linkedin: Search “Donald R. Simon” Twitter: @simonbizconsultTwitter: @simonbizconsult

6. Syllabus: Course informationCourse information Seminar and office hoursSeminar and office hours Course materialsCourse materials Course calendarCourse calendar Grading criteria and scaleGrading criteria and scale Incomplete and late work policiesIncomplete and late work policies

7. Syllabus: ProjectsProjects SeminarsSeminars Discussion boardsDiscussion boards Attendance/tardiness policyAttendance/tardiness policy NetiquetteNetiquette Kaplan support systemsKaplan support systems

8. Academic Integrity: KU upholds the high standards of ethical integrity.KU upholds the high standards of ethical integrity. In practical terms?In practical terms? Plagiarism is to be avoided at all costs.Plagiarism is to be avoided at all costs. Students should do their own work.Students should do their own work.

9. Plagiarism: As Diane Hacker writes in Rules for Writers (6 th ed.), plagiarism is:As Diane Hacker writes in Rules for Writers (6 th ed.), plagiarism is: 1.not citing quotations or ideas of others; 2.failing to place language of others in quotations; and 3.failing to put summaries or paraphrases in your own words (p. 480).

10. Plagiarism: KU subscribes to a 3 rd party plagiarism detection service.KU subscribes to a 3 rd party plagiarism detection service. Academic dishonesty may result in the following:Academic dishonesty may result in the following: 1 st Offense: failure of the assignment.1 st Offense: failure of the assignment. 2 nd Offense: failure of the class.2 nd Offense: failure of the class. 3 rd Offense: expulsion from KU.3 rd Offense: expulsion from KU.

11. Digital Entertainment Unit 1

12. Outcomes What to expect during this course. What to expect during this course. What is copyright and why it applies to digital entertainment content? What is copyright and why it applies to digital entertainment content? Why content distribution history is relevant to discuss today. Why content distribution history is relevant to discuss today.

13. Digital Entertainment In this course, we will explore the progression of content distribution and entertainment intellectual property laws, how these two have impacted each other, and the challenges caused. In this course, we will explore the progression of content distribution and entertainment intellectual property laws, how these two have impacted each other, and the challenges caused.

14. Digital Entertainment We will deal with issues such as intellectual property, licensing, and piracy of media. We will deal with issues such as intellectual property, licensing, and piracy of media. Our exploration of this topic will focus on the work product of professionals as well as tangible media like CDs, videos, and downloads with a primary focus on music. Our exploration of this topic will focus on the work product of professionals as well as tangible media like CDs, videos, and downloads with a primary focus on music.

15. Digital Entertainment ©

17. Copyright: Copyright: Part of an overall area of law known as “intellectual property,” that is, an original creation created as a result of intellectual activities. Part of an overall area of law known as “intellectual property,” that is, an original creation created as a result of intellectual activities. IntellectualProperty CopyrightsTrademarksPatents

18. Digital Entertainment Copyright: Copyright: Copyright (“CR”): exclusive right of control over literary or artistic creations. Copyright (“CR”): exclusive right of control over literary or artistic creations. Primary purpose of CR is to give creators economic incentive so that society will benefit from creative production. Primary purpose of CR is to give creators economic incentive so that society will benefit from creative production.

19. Digital Entertainment Copyright: Copyright: CR protects an author’s manner expression as opposed to the author’s ideas. CR protects an author’s manner expression as opposed to the author’s ideas. No particular degree of literary or artist merit is required—just some expressive effort. No particular degree of literary or artist merit is required—just some expressive effort. Think of CR as a “bundle of rights.” Think of CR as a “bundle of rights.”

20. Digital Entertainment Copyright: Copyright: Does not protect facts, names, titles, or short phrases. Does not protect facts, names, titles, or short phrases. “Congress shall have power…to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries…” (Art. I, §8, cl. 8) “Congress shall have power…to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries…” (Art. I, §8, cl. 8)

21. Digital Entertainment Copyright: Copyright: CR law is a matter of federal jurisdiction. CR law is a matter of federal jurisdiction. All works created after March 1, 1978 are under the protection of the Copyright Act of 1976, as amended. All works created after March 1, 1978 are under the protection of the Copyright Act of 1976, as amended.

22. Digital Entertainment Copyright: Copyright: Protects “original works of authorship” that are “fixed in a tangible medium of expression.” Protects “original works of authorship” that are “fixed in a tangible medium of expression.”

23. Digital Entertainment Copyright: Copyright: CR owners are afforded virtual monopolies over their protected works of expression: CR owners are afforded virtual monopolies over their protected works of expression: 1.To reproduce the work in copies; 2.To prepare derivative works; 3.To distribute copies; 4.To perform the work publicly; and 5.To display the work publicly. The “bundle of rights!”

24. Digital Entertainment Copyright and Fair Use: Copyright and Fair Use: A major, but very narrow, exception to CR monopoly protection. A major, but very narrow, exception to CR monopoly protection. Gives people other than the CR owner a limited privilege of using CRed work w/o owner’s consent and w/o paying a royalty. Gives people other than the CR owner a limited privilege of using CRed work w/o owner’s consent and w/o paying a royalty.

25. Digital Entertainment Copyright and Fair Use: Copyright and Fair Use: Limited usually to criticism, comment, parody, news reporting, teaching, scholarship, or research. Limited usually to criticism, comment, parody, news reporting, teaching, scholarship, or research. Assessed by courts on a case-by- case determination guided by four factors. Assessed by courts on a case-by- case determination guided by four factors.

26. Digital Entertainment Copyright and Fair Use: Copyright and Fair Use: 1.Purpose and character of the use, including whether such use is of a commercial nature or is for non- profit educational purposes. 2.Nature of the CRed work.

27. Digital Entertainment Copyright and Fair Use: Copyright and Fair Use: 3.Amount and substantiality of the portion used in relation to the CRed work as a whole. 4.Effect of the use upon the potential market for or value of the CRed work.

28. Digital Entertainment Copyright and Fair Use: Copyright and Fair Use: Campbell v. Acuff-Rose Music, Inc. Campbell v. Acuff-Rose Music, Inc.

29. Digital Entertainment Copyright and Fair Use: Copyright and Fair Use: Campbell v. Acuff-Rose Music, Inc. Campbell v. Acuff-Rose Music, Inc. Case serves as a reminder that fair use controversies are complicated and that they must be resolved through a case- by-case balancing off all relevant facts. Case serves as a reminder that fair use controversies are complicated and that they must be resolved through a case- by-case balancing off all relevant facts.

30. Assignments Look at each Unit’s To-Do Lists to help keep yourself organized. Look at each Unit’s To-Do Lists to help keep yourself organized. Due by the end of Unit 1: Due by the end of Unit 1: Introduce yourself. Introduce yourself. “Optimists and Pessimists” DT “Optimists and Pessimists” DT Copyright in terms of ‘Progress’” DT Copyright in terms of ‘Progress’” DT

31. Assignments Due by the end of Unit 1: Due by the end of Unit 1: Read Chap. 1 and pp. 126-31 (Vaidhyanathan). Read Chap. 1 and pp. 126-31 (Vaidhyanathan). Read Chap. 1 (Goldstein). Read Chap. 1 (Goldstein).

32. Assignments “Optimists and Pessimists” DT: “Optimists and Pessimists” DT: In Chapter 1 of Copyright’s Highway, Goldstein draws a distinction between “copyright optimists” and "copyright pessimists.” In Chapter 1 of Copyright’s Highway, Goldstein draws a distinction between “copyright optimists” and "copyright pessimists.” Which are you, and why? Which are you, and why? Do you think either side could be applied to a particular political leaning? Why? Do you think either side could be applied to a particular political leaning? Why?

33. Assignments “Progress” DT: “Progress” DT: On p. 22 of Copyrights and Copywrongs, Madison discusses copyright in terms of “progress” and “learning” as opposed to copyright in terms of property. On p. 22 of Copyrights and Copywrongs, Madison discusses copyright in terms of “progress” and “learning” as opposed to copyright in terms of property. What progress do you think is gained by copyright of content (not patent or trademark) and can you cite an example? What progress do you think is gained by copyright of content (not patent or trademark) and can you cite an example?

34. Assignments Final Project - Looking Ahead: Final Project - Looking Ahead: Choose a current company that takes advantage of content distribution. Choose a current company that takes advantage of content distribution. You may choose record companies, movie studios, or a content distributor, like iTunes or Napster. You may choose record companies, movie studios, or a content distributor, like iTunes or Napster.

35. Assignments Final Project - Looking Ahead: Final Project - Looking Ahead: The first part of this assignment is to submit a proposal for the company you would like to profile and you will summit your Proposal to the Dropbox by the end of Unit 2. The first part of this assignment is to submit a proposal for the company you would like to profile and you will summit your Proposal to the Dropbox by the end of Unit 2.

36. Assignments Final Project - Looking Ahead: Final Project - Looking Ahead: Research the company to discover the IP challenges they face and how they could overcome them or argue their point of view. Research the company to discover the IP challenges they face and how they could overcome them or argue their point of view. Your final project will be a 5-10 minute PowerPoint presentation that will be presented in Unit 9. Your final project will be a 5-10 minute PowerPoint presentation that will be presented in Unit 9.

37. Assignments Final Project - Looking Ahead: Final Project - Looking Ahead: It should cover the following: It should cover the following: Company’s relevant history Company’s relevant history Company size, revenues, stature in industry (how viewed) Company size, revenues, stature in industry (how viewed) Line of business/business model Line of business/business model Content distribution’s impact on company (or company’s impact on content distribution) Content distribution’s impact on company (or company’s impact on content distribution)

38. Assignments Final Project - Looking Ahead: Final Project - Looking Ahead: It should cover the following: It should cover the following: Content distribution’s impact on company (or company’s impact on content distribution) Content distribution’s impact on company (or company’s impact on content distribution) How can they argue their case? How can they argue their case? What do you think will happen? What has happened in copyright’s history that makes you think so? What do you think will happen? What has happened in copyright’s history that makes you think so?

39. Assignments Final Project - Looking Ahead: Final Project - Looking Ahead: You are encouraged to be creative in your presentation, but please note that brevity is required. You are encouraged to be creative in your presentation, but please note that brevity is required. Any audio/visual aids should not make up more than 10-20% of your presentation. Any audio/visual aids should not make up more than 10-20% of your presentation.

40. Assignments Final Project - Looking Ahead: Final Project - Looking Ahead: The first part of this assignment is to submit a proposal for the company you would like to profile. The first part of this assignment is to submit a proposal for the company you would like to profile. Your proposal should be one paragraph (no more than one page long) and should include the name of the company you’ll be researching as well as some of the key issues you think you will cover. Your proposal should be one paragraph (no more than one page long) and should include the name of the company you’ll be researching as well as some of the key issues you think you will cover.

41. Assignments Final Project - Looking Ahead: Final Project - Looking Ahead: Submit your Proposal to the Dropbox by the end of Unit 2. Submit your Proposal to the Dropbox by the end of Unit 2. As soon as you are approved, please begin your research and contact your instructor with any issues. As soon as you are approved, please begin your research and contact your instructor with any issues.

42. Outcomes What to expect during this course. What to expect during this course. What is copyright and why it applies to digital entertainment content? What is copyright and why it applies to digital entertainment content? Why content distribution history is relevant to discuss today. Why content distribution history is relevant to discuss today.

43. Outcomes Questions?

44. Contact Me: Email: dsimon@kaplan.eduEmail: dsimon@kaplan.edu AIM: musiclawyersimonAIM: musiclawyersimon Phone: 816.728.6948Phone: 816.728.6948 FB: facebook.com/donald.simonFB: facebook.com/donald.simon Linkedin: Search “Donald R. Simon”Linkedin: Search “Donald R. Simon” Twitter: @simonbizconsultTwitter: @simonbizconsult

45. Have a Great Week!