Saturday, February 16, 2013

Got Questions? (Part 1 of 2 instead of Current Issues Week 6)

This is not legal advice. Leave audio feedback at (512) 686-6329.

For the time being, I'm skipping Week 5. I'll come back to it. Part 2 should be out shortly, but I figured Part 1 and Part 2 were different enough to deserve two posts.

In this post, we'll take care of some housekeeping for my Copyright Licensing course so you have some sense of things you might want me to cover in the future.

This week in my Current Issues in International IP course we are talking about drug patents. I didn't really think I could spin that for the music world (though as always, if there is an outcry for the topic, I can do a post on my personal blog or try to make it music-related), so I thought I would bring you an update on what is going on in my Copyright Licensing course. Unlike all of my courses last semester, and all of my other courses this semester, this is a 2-credit course rather than a 3-credit course. I give you this information so you can compare the depth of material to that of the substantive copyright course information Brian and I brought you last semester.

The Creative Commons licenses are of course copyright licenses, or more specifically, public copyright licenses. Unfortunately, this is not the type of copyright license we have focused on in class. We have focused on negotiations. It's a good skill to have, so I'm not regretting taking the class. It's just unfortunate that I'll need to do an independent study to learn more about public licenses. I've discussed doing that. More on that when it is final.

You aren't here to read about my course selection though, are you? We're about halfway through the semester, but if you have questions you'd like me to answer, here is a list of what we have covered so far and what we will cover in the rest of the course:

Basic Copyright Licensing Principles, including:
(a) “Assignments” vs. “Licenses”;
(b) Exclusive vs. Non-Exclusive Licenses;
(c) Works for Hire & Independent Contractors

The Anatomy of a License: Basic Licensing Provisions & Drafting Language

The Anatomy of a License (Part 2); In-Class Exercise #1 Part 1 (initial discussion)
In-Class Exercise #1 Part 2: Redraft & Review

Getting the Deal Through (Part 1): from Term Sheet to Final Agreement (a “walk through” an actual scenario from initial client meeting to final agreement)

Getting the Deal Through (Part 2): the License (a “walk through” the final license from Week 8)

The Statutory Copyright Licensing Scheme: How it Works (an overview of the compulsory licensing schemes under the US Copyright Act)

Licensing in the Music Industry (review of a typical music licensing arrangement)

In-Class Exercise #2 Part 1: Team-Based Negotiation & Initial Drafting
In-Class Exercise #2 Part 2: Final Draft & Discussion

Final Team Exercise #1
Final Team Exercise #2

So, what have I learned in six weeks of class? Probably more than I can express in words. We have primarily been going over a couple of contracts and discussing them. We have also been practicing our negotiation skills. If anyone wants me to post my sparse verbatim notes from the class, I certainly can. For now though, stay tuned for Part 2, which will be a Top 10 list. People love top 10 lists, right?

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