FALL 2010
Course No.: 9200-710 (& 810)-001
Course ID:  85723 & 85725
Time: M, W 4:45-6:15 p.m.
Room TBD
Professor Jay Dratler, Jr.
Across from Room 231D (IP Alcove)
Home: 330-835-4537
Copyright © 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2008, 2010  Jay Dratler, Jr.  
For permission, see CMI.

Questions to Consider on First Reading
of 17 U.S.C. 1201

1.  What is the evident purpose of this section?  What words or phrases in the statute require interpretation or might be difficult to apply?  Under what circumstances might difficulties in interpretation arise?

2.  How did Congress intend that the Librarian of Congress use his or her statutory authority under subsection (a)(1)(B) - (E) to make exceptions to the anti-circumvention rule of subsection (a)(1)(A)?  Did Congress' want to preserve exceptions to copyright protection, including fair use, as expressed in subsection (c)(1)?  Is "fair use" likely to be realistically available if works are protected by technological measures, and if defeating those measures gives rise to civil liability separate from liability for copyright infringement? criminal sanctions?  How useful are these regulatory exceptions likely to be when they apply only to subsection (a)(1), but not to subsection (a)(2) or (b)?

3.  How does the "anti-circumvention rule" of subsection (a)(1) differ from the "anti-trafficking rules" of subsections (a)(2) and (b)?  How does the "anti-trafficking rule" in subsection (a)(2) differ from the similar rule in subsection (b)?  What do you think Congress had in mind in adopting three separate rules? Is it clear how they interact?  Do they overlap?

4.  What are the purposes of the exceptions in subsections (e), (f), (g), and (h)?  Would you describe these exceptions as broad or narrow?  Are they clear and easy to apply?  Do they provide comfort and certainty to persons seeking their refuge?

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