Prof. D. A. Hughes                    Spring 2014                    Capital University Law School

 Required Texts:

(1) Cases on Copyright, Unfair Competition, and Related Topics, by Ralph Brown and Robert Denicola (11th ed. 2013). ISBN: 9781609302399. (= Text)

2) Also required is Brown and Denicola's Copyright, Unfair Competition, and Related Topics Bearing on the Protection of Works of Authorship 2013 Statutory Supplement. ISBN: 9781609303679. (= Supp.)

Course Requirements:

        I expect that students will complete all assigned readings prior to class; I cannot emphasize too strongly the importance of reading before class.  Students should be ready to participate in class discussion in a meaningful fashion.  Those students who are not writing their upper-class papers in this course will have an open book and open note, take-home exam, which I will distribute to the class in our last class meeting on April 18, 2013, and which is due by 5:00 p.m. in my office on May 5, 2013.  Those students writing their upper-class papers in this class normally do so in lieu of the exam, unless they cannot complete the time-line outlined below for their papers satisfactorily and on time, in which case they my then fulfill the course requirements via the take-home exam but without upper-class writing credit.

 Class Attendance and Participation:

        Attendance is mandatory, both for those taking the final and for those completing the upper-class writing requirement.  The instructor expressly reserves the right to augment or to reduce a student's written grade in order to reflect class attendance and participation.  More than three unexcused absences may, at the instructor's discretion, be sufficient reason to lower a student's grade.  Further, writing requirement students may be asked to sit for the examination, should their attendance or participation fall below acceptable limits.

        I expect that you will pay close attention in class and will be quiet when you are not participating in the discussion.  It is not permissible for students to answer cell-phones or pagers during class, absent a medical emergency.  Nor is it permissible for students to carry on side-conversations in class.  Please note that I expressly reserve the right to eject students from my classroom for improper conduct.  Students who are asked to leave will be considered absent without an excuse for the purposes of the attendance policy.

 Upper-class Writing Requirement:

        Up to five students may seek to write their "upper-class" papers in this course in lieu of the final examination.  Any student who would like to write his or her upper-class paper must contact me for specific permission in this matter.  Please note that I reserve the right to deny those paper topics which seem to me for some reason to be problematic.  Please also note that for those students doing their writing requirement, the timely approval of a thesis and completion of an outline, a first draft, and the final draft is prerequisite to any grade being assigned in the course for upper-class credit. 

        For the writing requirement my expectation is that students will prepare a researched paper of between forty and fifty pages (exclusive of notes).  Students will also be responsible, of course, for the material covered in the regular course of the class.  When students are preparing their papers under my supervision, I require first that each student choose a thesis that I approve, then create a very detailed outline of the arguments to be addressed, next write a first draft in sufficient detail for me to be able to make comments and criticisms, and then at last produce a final version sufficient to satisfy the requirement--taking care to incorporate the comments and criticisms from the first draft.  Second, I also require that students do so according to a fixed schedule.  The thesis statement must be approved by me by February 7, 2014, and the outline is due in class on Feb. 21st.  The first draft of the paper is due in class on March 21st and the final draft in class on April 18th. If a student does not meet each of these requirements in timely fashion as the semester progresses, no paper--no matter how superlative it might be on its own merits--will be sufficient to garner credit for the writing requirement from me. Please also review my specific links about the writing requirement and footnotes.


        My office is Room 456 in the library; my email address is dhughes@law.capital.edu; my webpage is http://users.law.capital.edu/dhughes/law.htm, and my office telephone number is 236-6476; I tend to use email primarily to communicate with students. Office hours are by appointment. The best way to set up an appointment is to email me. 






F 1-17 Chap. 1, Boundaries of Copyright, Text 1-44;
Statute of Anne, Supp. 285-89; 
First U.S. Copyright Act, Supp. 281-83.
1976 Copyright Act, 201, 202, 204, 401, 407, 408, 411, & 412.
F 1-24 Chap.2, Sec. 1, Subject Matter, Original Works of Authorship, Text 45-97;
1976 Copyright Act, 101, 102, 103, 106, 106A, & 107
F 1-31 Chap.2, Sec. 2, Subject Matter, Limits of Statutory Subject Matter, Text 98-153;
1976 Copyright Act, 104, 104A, 105, 113, 117
F 2-07 Chap.2, Sec. 2, Cont'd; Chap. 3, Secs. 1-2, Infringement, Text 153-201;
1976 Copyright Act, 108, 109, 501.
F 2-14 Chap. 3 Secs. 3-6, Infringement Cont'd,  Text 201-57;
1976 Copyright Act,  110, 111, 114, 115.
F 2-21 Chap. 3, Sec. 6-9, Infringement Cont'd,  Text 257-317.
1976 Act,    109, 602.
F 2-28 Chap. 4, Fair Use, Sec. 1, Text 319-68.
1976 Act, 107, 1008.
F 3-07 Chap. 4, Secs. 1-2, Fair Use Cont'd., Text 368-404;
1976 Act,  107, 108, 117, 501.
F 3-14 Chap. 4, Sec. 3, Fair Use Cont'd., Text 404-458;
1976 Act, 109 & 512.
F 3-21 Chap. 4, Sec. 3, Fair Use Cont'd.; Chap. 5, Secs. 1-3, Calc. of Rights, Text 458-521.
1976 Act, 1201, 1202, 203, 204, 205 301, 302, 303, 304, 305.
F 3-28 ***** Spring Break. No Class Meeting. *****
F 4-04 Chap. 5, Secs. 3-6  Rights Cont'd,  Text 521-558.
1976 Act, 111, 115, 116, 118.
F 4-11 Chap. 6, Jurisd. & Remedies; Chapter 7, Preemption, Sec 3,  Text 559-579; 608-45.
1976 Act, 301, 501, 502, 503, 504, 505, 506, 507, 510, 511.
F 4-18 Chap. 9, Moral Rights; Chap. 11, Int'l Matters, Text 715-780; 801-816.
Section 43 of the Lanham Act (15 U.S.C. 1115);1976 Act, 106A

              Copyright 2013 by D.A. Hughes, Jr.  All Rights Reserved.