Week 14

We completed Chapter 10, and we finished the last student presentations.  We also discussed the results of the research paper assignment.

All have the option of reworking their research paper and handing this in at the final exam.  The maximum increase in a paper grade is one letter, for example, increasing from a "C" to a "B".

Week 13

We completed four presentations. We also completed student evaluations and we reviewed test #2.

Week 12 - April 6

We completed portions of Chapter 10.  Also, I collected the research papers.

In the textbook, Chapter 10, we will cover Trademark
Protection of Product Characteristics, pages 433-445, Federal Registration, pages 445-450, Remedies for
Infringement, pages 460-462, and International Aspects of Trademark Protection, pages 463-474.  From Chapter 11, we may cover pages 475-85.

Week 11 - March 30

We completed examination #2

Week 10 - March 16

We finished Chapter 9 using Copyright Issues, Chapter 9 as a guide for discussions. 

The second test will be open book.  I will send the exam to your ASU email address at 5:45 p.m., Tuesday, March 30 (unless we make other arrangements regarding time).   You will have until 9:00 pm (roughly three hours) to type your answers and return this to me using email.

For the exam, you may use your textbook, my web handouts and your class notes.  I ask that you do not use the Internet to search for assistance.

Week 9 - March 9

We finished Chapter 7 using Copyright Class Topics as a guide for discussions.  In addition, we introduced Chapter 9, covering Sony Corporation, page 361.

Remember, your paper summary is due March 16.

Week 8 - March 2

We covered most of textbook Chapter 7.  Topics not discussed or completed (and on the agenda for next class) include 1) copyright protection of product designs, 2) copyright ownership, and 3) copyright damages and remedies.

We covered Chapter 7 by discussing the following copyright issues: 

Scenario 1 (from Ashley) - Liability of Wi-Fi providers for copyright infringement by users, England and New Zealand. We delayed discussion of this topic until next class, Chapter 9.

Scenario 2 (from Siti) - The Garuda Emblem and Armani.  We discussed copyright protection for the eagles in question, and possible copyright infringement.  We used George Harrison as an infringement example, among other cases.  (See benedict.com.)

Scenario 3 (from Aaron) - Twitter, tweets and copyright infringement.  In discussing this example we looked at Feist Publications, protection of facts, the van Gogh website, the right to publicity and the Stooges case, and protection of Civil War photographs, among other topics.

Scenario 4 (from Brian) - Hitchcock's "Rear Window" versus "Disturbia."  We discussed copyright protection and possible infringement.

Scenario 5 (from Matt) - Tattoos and copyright.  We discussed various aspects of copyright protection and infringement regarding the use of tattoos.

Scenario 6 (from Danielle) - The creation of mixtapes.  We discussed the fair use doctrine and copyright infringement regarding mixtapes.  We compared this to the Pretty Woman case, from benedict.com.  We looked at the fair use visualizer, again from benedict.com.

Scenario 7 (from Lindsay) - Twilight series author Stephenie Meyer and the distribution of her my partial draft of Midnight Sun.  We discussed copyright rights and violations thereof.

Scenario 8 (from Tim) - Coming next week.

Week 7 - February 23

We reviewed the results of test #1, we discussed the paper and presentation project, and we completed our review of trade secret law.

Week 6 - February 16

Test #1 was completed.

Week 5 - February 9

ASU closed due to inclement weather.

For this exam, you may use your textbook, my web handouts and your class notes.  I ask that you do not use the Internet to search for assistance, though this probably would hurt your efforts on the exam anyway.

Week 4 - February 2

We discussed the research paper and presentation required this semester.  Details are posted on my website, with the exception of definite dates (coming next week).  Also, we discussed the art of answering essay questions using the IRAC model.  One key: provide extensive analysis using cases, statutes, and legal principles.  Do not simply restate the facts and provide a conclusion!

From the textbook, we covered the following sections emphasizing the points identified.

Chapter 13 - Intrusions on Privacy and Other Personal Rights

1. A Preliminary Look at Privacy (562-70)

   We discussed federal and state laws regarding drug testing of employees.  In that regard, see the Department of Labor's FAQs on drug testing.  We also briefly discussed the new laws on genetic testing (passed after the textbook was published) and the rules on polygraph testing.

2. Monitoring Communications and Personal Activities in the Workplace (570-82)

   Here we focused on the Electronic Communications Privacy Act (ECPA), using the cases from the textbook and from the Pittman privacy handout.  In addition to the ECPA, we used common law invasion of privacy tort principles.

3. Collection of Personally Identifiable Information (PII) (582-600)

   In America, the law regarding collection of PII is not developed (as opposed to Europe, for example).  American law regulates PII for children under 13 (COPPA), health care institutions (HIPPA), financial institutions (GLBA) and government agencies.   Data breach notifications laws exist in 44 states.

4. Content Control and the Regulation of Indecent Speech (601-11)

   We focused on the definition of obscene materials and the failed attempts by Congress to regulate the Internet regarding minors and access to obscene or indecent materials.

5. Defamation (612-18)

   We focused on Exhibit 13.5.

6. Intrusion on Publicity Rights (618-20)

   (Covered week 3)

Privacy Scenario 8 (from Tim) - Using Freedom of Information laws, former University of Arkansas Coach Nutt's telephone records were acquired and disseminated.  Does this violate privacy laws?

I will provide dates for the papers and presentations.

We will discuss examination #1, given week 6.

I need to collect a random 4-digit ID number from everyone in class (for use in the course grade spreadsheet).

Week 3 - January 26

We covered portions of textbook Chapter 13 and the related Pittman privacy handout. While covering the textbook and handbook materials, we analyzed the following privacy questions: 

Scenario 1 (from Ashley) - Photographs are taken of Jennifer Aniston while she was in her back yard, partially clothed.  Where Jennifer's privacy rights under federal or state law violated by the photographs?  Which laws were involved?  Does the layout of her back yard affect our analysis?  Why does the Forth Amendment not apply?

Scenario 2 (from Siti, a variation of scenario 1) - You take pictures of your children in a swimming pool.  Later these pictures are posted in Facebook.  In the photograph background is another person.  Are this other person's privacy rights violated by the posting of the picture?

Scenario 3 (from Brian) - Google Maps and Google Streetview show a married man leaving a restaurant with his paramour.  Does the posted picture violate the man's privacy rights?

Scenario 4 (from Matt) - Facebook states to users that Facebook will claim ownership of all materials posted on Facebook.  Is this legal? 

Scenario 5 (from Danielle) - R&B singer R. Kelly (allegedly) appeared in a videotape having sexual relations with a 14-year-old girl.  The tape was stolen (or faked) and distributed.  Would websites showing portions of the tape violate R. Kelly's privacy rights?

Scenario 6 (from Aaron) - Assume RFID tags used by merchants to track customers' movements within (and possibly outside) the retail outlet.  Is this legal?

Scenario 7 (from Lindsey) - Coming next week

I will provide details in week 4 for the paper and presentation projects due later this semester.

Week 2 - January 19

We completed the assigned materials, using Chapter 1 Topics and Chapter 2 topics as guides to discussion.

Week 1 - January 12

We began class by reviewing the course outline.  We then turned to two short PowerPoint presentations, Intangible Assets and Overview Example - Copyright Law.  We discussed the general parameters of Cyberlaw.