Golan v. Gonzalez

Read about Lessig’s attempt to undo the damage done by Eldred.

Class on Sept 6

There will be no class today. I have to go out of town. Don’t worry, we will make it up.

Music Industry Sues XM

The National Music Publishers Association sued XM Satellite Radio claiming that the XM radios that allow listeners to store individual songs that are broadcast on XM. http://online.wsj.com/article/SB117459929926145965.html

Supplemental Reading: Don Post Studios v. Cinema Secrets

Pull and review Don Post Studios v. Cinema Secrets, Inc. 124 F.Supp.2d 311 (E.D. Pa. 2000).

You will not be held responsible for this during the August 30 class period, but the case may appear on the exam and ties together some of the principles we will discuss today.

Merger Doctrine v. Scenes a Faire Doctrine

Last evening, Ms. Harchuck asked a question about the merger doctrine vs. the scenes a faire doctrine. Someone emailed me and asked what the difference is.

The merger doctrine prevents an author from gaining a monopoly on an underlying idea. This would defeat our hypothetical scenario of a news organization gaining a “24 hour copyright” in the facts that it gathers in the pursuit of a news story. If the facts and the telling of the facts merge, then there will be no copyrightable interest.

Scenes a faire is related, but not married to facts. SAF keeps commonplace storytelling elements safe for widespread use. (Like the Indiana Jones case).

Reminder – Writing Assignment Due

Ok, I got an email requesting clarification.

The Writing Assignment is NOT part of your regular blog participation grade. This is graded separately (as will a few more over the course of the semester).

I also got another email stating that some of the content is blocked on work computers.

If you had any misconceptions or technical difficulties, especially since my content was not viewable at work, I am sorry. I will extend the deadline by 24 hours to accommodate those of you who may have had some problems.

The assignment is due by noon TOMORROW, 8/29/07.

The Blevins Theory

Mr. Blevins posted a comment to another post that I think is more appropriately given its own posting: Commentary is welcomed. If anyone else would like “guest post” space to test the waters on their own theories, I will certainly open the floor to any takers. – MJR.

And now, Mr. Blevins:

Grading/Class Policy Update

I have removed the “Two A Maximum“. There will be as many A grades as are earned.

However, Pursuant to Article V.A.2 on page 17 of the student handbook, I have added the following to the class policies:

A student who is unprepared, late for class, or leaves class early may be counted absent for that day.

Nobody who was unprepared last week will be penalized as this is not retroactive.

Mix Tapes

Last semester when I taught this class, I tried to use the example of the “mix tape.” Everyone looked at me and asked “what’s a tape?” Very funny.

What shocked me is that all but one class member had never made a mix tape! (Or even a Mix CD). Good lord! I guess with myspace and all this internet stuff, the tradition of making a Mix-Tape to win over a potential paramour has fallen into disfavor? So sad…

I use the “mix tape” analogy a lot in class, so get into the wayback machine to a time when if you wanted to throw game at somebody, you didn’t send a text message like “HI HOW R U, UR HOT YO”. Nope, back in my day, you had to put some effort into it! Call me old-fashioned, but I still dig the mix-tape. Even though the last one I made wound up being smashed in my driveway by the girlfriend for whom I made it. She’s long gone, but I keep finding shards of broken CD in the driveway a year later. There’s a metaphor, eh?

Ok, enough of the “why.” Lets start with the “what.”

Read the following (and listen to the audio)

The Mix Tape: Art and Artifact.

Don’t do any research on this. Just write 250-500 words on your impressions of “the mix tape” as a concept. Have you ever made one? (substitute “mix CD” if age-wise it is necessary). Tell the story, if you like. But, most importantly, discuss what you think the copyright implications of your mix tape may have been.

I specifically forbid you from doing any research for this. I want you to give me your general uneducated impressions and thoughts. At the end of the semester, we will revisit them and see if your mind has changed.