Biotechnology Law & Policy
This course is designed to expose the law student and graduate student in science or business to the legal, business, and policy issues relevant to the biotechnology industry. We will cover issues related to patents, corporate organization and financing (particularly venture capital as it relates to the Start-Up Biotech Company), licensing and other transactions, regulatory issues relevant to the Food and Drug Administration, university technology transfer, and academic conflicts of interest. Top

The Business of Baseball
This course will bring the “business of baseball” to the students, and present them with an interactive “hypothetical” problem-solving dialogue with the instructor, which would deal with the most important issues facing major and minor league baseball today. In a simulation-based setting, students will engage in:

• Negotiating and drafting a long-term lease for a professional baseball venue, including
any potential litigation issues;
• Negotiation and drafting a “naming rights” agreement for such a venue, including the
purchase and sale of such rights from the landlord to the naming rights sponsor, with
the team owner acting as the intermediary on the sale of the rights on a
back-to-back basis;
• Analysis of the Professional Baseball Agreement, which governs the relationship
between the major league and all minor league affiliates, including all player
development and other costs relating to the running of a minor league baseball team;
• Analysis of the standard form Minor League Baseball Player Contract, which defines the
relationship between each minor league player and his parent club;
• Analysis of the major league baseball antitrust exemption, and its impact on the amount
of money big-market teams like the New York Yankees and the Boston Red Sox have
to spend on free agents versus the amount of money medium and small market teams
like Cleveland have to spend on such free agents;
• Study of the obligations of the minor league affiliate’s owner/operator to provide
appropriate playing conditions for the major league parent, so that the Player
Development Contract with the parent will be renewed on a bi-annual basis;
• Other miscellaneous legal and practical baseball-related issues, including Moneyball-
related statistical analyses of a drafted player’s “true value.” Top

Commercial Information & the Law
This seminar encourages students to focus on the legal nature of valuable commercial information in the 'global information age'. In this context, information per se is often one of the key assets of a business. In examining the role of valuable information in law and commerce (particularly e-commerce), students will consider legal and practical questions arising from attempts to protect valuable commercial information against unauthorized access, use and / or interference, with particular focus on information stored in computer systems. Students will also examine issues arising in relation to transactions involving commercial information, such as licensing arrangements. The increase in cross-border activities involving access to valuable information will also be examined with a view to analyzing the implications of this trend for the development of private international law principles and dispute resolution mechanisms. Top

Computer Law & Policy
This course will address the ever-evolving issues that relate to intellectual property protection for computer software, with a particular emphasis on patent, copyright, and trade secret protection. The relationship of the Internet to such protection will also be explored. Throughout the semester, the course will consider the nuances of this dynamic area of the law and will also provide pragmatic approaches to common problems faced by intellectual property practitioners. Top

Copyright & the Construction of Authorship (seminar)
As the category by which creative cultural production has been defined and valued for the last two centuries, "authorship" is one of the West's most powerful ideas. We will examine the emergence and consolidation of this idea in the context of some of the institutions, practices, and technologies that fostered and were fostered by it, such as printing and publishing, copyright law, educational curricula and writing pedagogies, then will turn our attention to the varieties of authorship in operation today -- from the essentially solitary, originary idea of authorship still so important in the arts and humanities to the collaborative, even corporate, forms in ascendance in science and industry. How are ideas of authorship employed in the various discursive spheres to assign credit and responsibility? May tensions be found with creative practice? What are the stakes? Who wins, who loses? And what will be the consequences of digitalization and globalization? The goal of our study will be to identify worthy research topics within students' own areas of specialization or interest. Top

Copyright in the Digital Millennium (seminar)
A seminar that explores the challenges to traditional copyright law presented by the advent of digital technology and the Internet. Beginning with the current litigation involving Internet file-sharing, students explore the legal and doctrinal issues raised by efforts to apply copyright and other legal and technological measures to digital works. In order to evaluate the competing arguments in this debate, students will examine the doctrinal, historical, and theoretical underpinnings of copyright law from multiple perspectives. Top

Copyright Law
This course focuses on the theoretical and doctrinal issues related to the law of copyrights. We will explore the public domain versus proprietary rights debate by specifically focusing on issues pertaining to originality, subject matter, fair use, the Digital Millennium Copyright Act as well as copyright infringement, defenses to a charge of infringement, and remedies. Top

Copyright Litigation
This course will begin with an overview of a copyright litigation case and then proceed to discuss issues relating to pre-litigation strategy, infringement, and defenses to infringement. Thereafter, the course will explore the drafting of a complaint and the answer thereto, including counterclaims; drafting discovery documents; preparing witnesses; and taking and defending a deposition, which will take place in the context of a mock deposition. The course will also discuss pre-trial motions and, in the context of a mock trial, many of the issues that pertain to a trial, including the roles of judge and jury, jury instructions, direct and cross-examination, jury selection, and post-trial motions. Top

Cyberlaw
This course deals with how the law regulates and otherwise applies to activities taking place in "cyberspace." It considers how existing legal principles are being modified and extended in the digital information age to meet the needs of society, particularly in relation to electronic commerce. As the nature of dealings in cyberspace develops and new legal problems emerge over time, the focus of the subject may change to reflect current legal issues. However, topics for discussion will be drawn from the following:

• the nature of the Internet
• legal regulation of cyberspace vs. self-regulation
• the relevance of international law/international regulation
• e-commerce contracting
• 'property' in cyberspace with particular reference to intellectual property
• trade marks and domain names
• defamation on the Internet
• on-line crime (e.g., fraud, pornography, etc)
• information privacy and security
• online dispute resolution and associated conflicts of law issues Top

• Copyright, trademark, and (to a lesser extent) patent issues (web development,
content management)
• Contract law in the e-business context (formation, repudiation, E-sign, UETA,
UCITA, etc.) (B2B, B2C transactions, financial transactions)
• Online privacy law and privacy policies (marketing topics)
• DMCA, ACPA, ECPA and the Patriot Act, COPPA
• Web site Terms of Use (web development)
• Web site affiliate agreements (web development)
• Web site development and maintenance agreements (web development)
• Web product distribution agreements
• Shrinkwrap, clickwrap, and EDI agreements (B2B)
• Various IP-related licensing, confidentiality, development, and assignments agreements,
domain naming (Internet)  Top

e-Payment Systems
This course focuses on the law and technology of payment systems, including the contractual relationships among different entities in business to consumer transactions and the legal aspects of these systems and arrangements in criminal, civil, and administrative law. Top

Intellectual Property & Indigenous Peoples
This course will explore the current mechanisms for protecting intellectual property and an examination of how such mechanisms apply with respect to traditional and indigenous knowledge, including knowledge associated with cultural expression, indigenous flora and fauna, genetic resources, and medicines. We will also discuss explicit and implicit conceptions of authorship and ownership that are embodied in intellectual property rules as well as issues associated with "biopiracy" and the need for a formalized compensatory mechanism related to the foreign commercial exploitation of indigenous peoples' knowledge. Top

Intellectual Property Survey
This course is designed to provide students with an overview of several areas of law traditionally associated with intellectual property or IP, including copyright law, which pertains to the protection of literary, musical, and artistic creations and has issues replete with First Amendment implications; patent law and trade secret law, which focus on the protection of technological works ranging from chemical formulae, to software, to biotechnology; and trademark law, which relates to the goodwill associated with corporate identity and product recognition. We will also devote time to the study of the philosophy and economics of intellectual property keeping in mind, throughout the course, the need to strike an optimal balance between incentives to create and commercialize intellectual creations on the one hand and public access to these creations on the other hand. Top

Intellectual Property Theory
This course is the study of the philosophy of intellectual property. We will explore and ask several questions such as: Should one's intellectual product be entitled to protection? What are the reasons for granting or denying protection? What form, if any, should this protection take? What are the costs and benefits to society of protecting one's intellectual product? Top

Intellectual Property Transactions
This course will study how a hypothetical Internet company implements its business strategy, protects its intellectual property assets, and enters into a variety of agreements, including with strategic business partners, content providers, vendors, and licensees. As part of the course, we, as a class, will do such things as select a company name and protect it, draft and negotiate agreements, and hold a mock negotiation at the end of the semester. Top

Intellectual Property Ventures
Students in this course will work with engineering students who are enrolled in the Masters of Engineering (TiME) program. Specifically, in a simulation-based setting, this course provides students with an understanding of issues associated with the formation, structuring, and financing of start-up technology companies. We will explore (1) formation issues relating to choice of state, entity name, marketing strategies, service providers and business goals and strategies; (2) structuring issues relating to tax, intellectual property, capitalization, human resources, and labor relations; (3) financing issues relating to venture capital, angel networks, and securities law considerations; and (4) transactional strategies related to the valuation, commercialization and monetization of intellectual in the venture context. Top

International Intellectual Property
This course considers the evolving system by which international intellectual property laws are structured, with an emphasis on the role of intellectual property in development and the effect of international intellectual property on developing countries. Of special interest is the process that drives and shapes international intellectual property law, the dynamics of that process, and the interplay between national interests, international institutions, and concepts of global efficiency and justice. Particular topics include theories of development and the relationship between technology and development, the effects of the TRIPS treaty of the WTO on development and the freedom of developing countries to shape their intellectual property systems under TRIPS, controversies about patent protection and public health, especially the AIDS crisis, the protection of agriculture and genetic resources, the protection of traditional knowledge and culture, plugging developing countries into the digital world and reducing the digital divide, and theories about what induces nations to comply with their international obligations.

The course omits a number of intellectual property topics that might be found in an international intellectual property course, including comparative aspects of intellectual property laws in developed countries, current controversies between national IP systems about, for example, the patenting of software or life forms or the protection of data bases, the intellectual property systems of the European Union and Japan, and processes for securing intellectual property rights in other countries. Top

The Journal of Law, Technology & the Internet (JOLTI) Seminar
The Journal of Law, Technology & the Internet Seminar offers students interested in technology and intellectual property the opportunity to write their notes through a year-long seminar. Students work closely with the instructor to develop their topics, thesis, outlines, and final note. Students will have numerous individual meetings with the professor and extensive feedback of the papers. Students will develop their writing skills,learn about plagiarizing, and will receive training concerning advanced legal research. 2L associates will be trained for journal production work such as verifying citations. The course will also include 3-4 whole group meetings through the year. Second year students will also be responsible for performing an in-depth evaluation of the article accepted through the peer-review process. 2L editors will ensure that submitted articles have not been preempted by any article already in print. Once an article has been approved by the Faculty Peer-Reviewers, 2L editors will be given portions of the article for which they are responsible for verifying all citations, and performing textual edits required to bring the article into compliance with Journal policies. Top

Law & Technology Clinic: Intellectual Property Entrepreneur Clinic
Students, individually or in teams of two, serve as legal counsel to clients who are engaged in entrepreneurial activities, including intellectual property issues. The students will advise their clients on a variety of legal issues pertaining to, among other things, intellectual property protection, corporate structure and financing, and various other transactional concerns that arise in an entrepreneurial/technology-based setting. A major part of the student’s responsibility is to analyze the clients’ problems and determine the best way of resolving them. Seminar sessions will be devoted to discussions of applicable law pertaining to specific cases students are working on, and to development of skills necessary to represent individuals and entities. Discussions will also focus on broader societal issues relating to the policies behind intellectual property protections and access to legal services by those seeking help with intellectual property issues. Top

Law & the Arts Clinic: Cleveland Museum of Art
(temporarily suspended during museum construction)
This clinic is offered under the Community Development Clinic. Working with museum staff, including curators, students work on, among other things, developing a categorical inventory of CMA’s IP assets; surveying the current IP policy of the museum; and identifying the impact of current legislation/decisions on the use of digital assets as part of distance learning programs and on the use of digital assets on the museum’s website. Top

Law & the Visual Arts
This course is concerned with the relationship between the art world and the law. The art world is comprised of numerous players, such as artists, dealers, museums, auction houses, art critics, forgers, thieves, looters, and the American and various foreign governments. This course focuses on the law=s relationship with each of these entities and how these entities relate to one another in both a cultural and legal sense. In particular, this course will explore issues relating to the theft and plunder of art (especially from 1933-45); the illicit international art trade; artists= rights such as First Amendment rights, copyright, moral rights, and the resale right; tax and estate planning issues; and the role and practice of museums in the art world, including provenance studies, deaccessioning, and the museum=s relationship with the artist and community. The first class (and some subsequent classes) will be held at the Cleveland Museum of Art. After a lecture on the question of "what is art" by a museum curator, the students will be given a tour of the museum's collection that will focus on works of art that have particular relevance to the intersection of law and art. Top

Law of the Music Industry
This course will cover the major components of the music industry, including recording agreements (major labels and independent labels), record producer deals, songwriting and music publishing concepts, group issues, personal appearances, personal management agreements, termination of transfer issues, the law of musical parody, general music licensing, trademarks and musical groups, and music in cyberspace. There will be an extensive discussion of fundamental copyright and trademark concepts, as well as advanced copyright concepts specifically related to the recording and music publishing industry. Special attention will be paid to the topic of musical copyright infringement litigation. Course materials will include a general music industry primer, selected cases, forms of agreements, and selected handouts. The course is taught in an audiovisual manner and incorporates much audiovisual material. Top

Law, Technology & the Entertainment "Biz"
This course will be a one week survey of the ins and outs of the entertainment distribution industry and its struggle with new technologies that could threaten its existence. Discussions will include a primer on what happens to a film after it is made and how digital technology today poses both a threat and a benefit to linear entertainment production and distribution. Included will be exposure to the distribution process, and various legal issues that surface when new, inventive and non-traditional distribution models are implemented, whether by a studio or by the consuming public, using the technology of the day and tomorrow. We will explore what it is like to weigh these issues through the eyes of an in-house studio attorney working in the electronic and computer age. Students will also be exposed to anecdotes about working with talent and the push and pull of making things work in a difficult, fast-paced and sometimes adolescent environment. A paper will be required to be submitted for evaluation at the end of the term. Top

Mass Media Law & Policy
This course will cover the law and regulation of electronic and print media. The case method will be the primary approach taken to examine statutory, regulatory, and constitutional frameworks of media law and policy. Newspaper, broadcast, radio, cable television, music, movies, and, to a degree, digital media, will be discussed. The course will cover some constitutional (e.g., First Amendment) and common-law dimensions of media law (e.g., defamation, obscenity, indecency) but will also cover statutory and regulatory aspects of media. Thus, the course will address media licensing; ownership; statutes such as the 1996 Telecommunications Act; governmental (e.g., the Federal Communications Commission) and private (e.g., National Academy of Recording Arts and Sciences; Motion Picture Association of America) entities and their policies regulating media; access, and the Internet. Top

Patent Law
This course, designed for students schooled in all disciplines, including the humanities, will endeavor to introduce the student to the law and policy of the United States patent system. We begin with a discussion of the origins and theoretical underpinnings of the patent system followed by a look at the composition of an issued patent and the procedural mechanism for obtaining patent rights. We proceed with a detailed examination of the substantive requirements of patentability, including the disclosure requirements, novelty, nonobviousness, utility, and subject matter. Thereafter, we explore the issues associated with enforcing a patent, including the scope of a patent owner's rights, and the common defenses to a patent infringement suit. We close with a discussion of remedies available to the patent owner; and, if time permits, we will briefly cover the basics of trade secret law. Top

Patent Litigation
This course will begin with an overview of a patent litigation case and then proceed to discuss issues relating to pre-litigation strategy, the various types of infringement, invalidity defenses, and patent claim construction in the context of a mock Markman hearing. Thereafter, the course will explore the drafting of a complaint and the answer thereto, including counterclaims; drafting discovery documents; preparing witnesses; and taking and defending a deposition, which will take place in the context of a mock deposition. The course will also discuss pre-trial motions and the issues that pertain to a trial, including the roles of judge and jury, jury instructions, direct and cross-examination, jury selection, and post-trial motions. Top

Patent Prosecution
The course is intended to give students a basic introduction to patent prosecution. This is accomplished by covering 3 main topics. First, students will learn how an invention is defined. This is accomplished by reviewing relevant case law and having students perform one or more tasks such as performing an on-line patentability search for a hypothetical invention, drafting an invention disclosure, and/or drafting a patentability opinion based upon a hypothetical invention and related prior art. The second topic will involve drafting a patent application on a simple hypothetical invention. Before the drafting takes place, the class will cover relevant case law. Also, nonlegal, practical aspects such as organization, various grammatical concerns, and other concepts related to patent drafting will be covered. Ultimately, students will take the information provided in the class and draft an actual patent application based upon a simple hypothetical invention. Finally, the third topic will involve responding to an Office Action rejecting the patent application as is typically encountered during the practice before the US Patent and Trademark Office. The class will cover case law that relates to various issues encountered in the rejection of patent claims during the prosecution process. Students will then be given a set of claims relating to the invention for which they drafted a patent application and an Office Action rejecting those claims. Based upon the case law covered in class, students will generate a response to the Office Action to overcome the rejection and achieve allowable claims. Top

Representing the Individual Athlete
This course will begin with an overview of the sports industry and then proceed to discuss some of the more important legal doctrines relating to this industry, such as intellectual property law, labor law, and contract law, with a focus on the individual athlete. Thereafter, the course will explore the role of negotiation, and conduct several letter and contract drafting exercises with an emphasis on client representation. The students, in the context of a mock litigation/arbitration, will also draft legal briefs in support of the contractual positions taken during the contract drafting exercises. Top

Sports Law
This course will begin with an overview of the sports and entertainment industries and then proceed to discuss some of the more important legal doctrines relating to these industries, such as intellectual property law, labor law, and contract law. Thereafter, the course will explore the role of negotiation, and conduct several letter and contract drafting exercises with an emphasis on client representation. The students, in the context of a mock litigation/arbitration, will also draft legal briefs in support of the contractual positions taken during the contract drafting exercises. Top

Trademark Law
Trademark Law is the study of how commercial entities use names and symbols to identify their products and services in the minds of consumers and competitors. This course will begin by discussing the various theories of trademark law and unfair competition. We will focus on domestic and international trademark acquisition, retention, transfer, registration and infringement. In addition to the common law of trademarks and unfair competition, much of this course will be devoted to studying the statutory scheme of federal trademark law. Top

Trademark Litigation
This course will, to a large extent, simulate a trademark infringement case and is intended to be as realistic as possible. We will begin with an overview of a trademark litigation case and then proceed to discuss issues relating to pre-litigation strategy, infringement and defenses to infringement. Thereafter, the course will explore the drafting of a complaint and the answer thereto, including counterclaims; drafting discovery documents; preparing witnesses; and taking and defending a deposition, which will take place in the context of a mock deposition. Top

Unfair Competition Law
This course will examine current topics in business law and regulation. It traces the role of tort, contract, and property in filling the gaps between copyright, trademark, and patent. The trace implicates federal and state systems and a cluster of rights such as trade secrets, ideas, industrial design, common law copyright, and moral rights. Top

Special Mini-Course: Contemporary Issues in Law & Technology
Each year, the Center invites a distinguidshed academic, judge, or businessperson to be an LTA Fellow. The LTA Fellows teach a one-week, one-credit intensive course on a topic related to either law and technology or law and the arts. In Fall 2007, the course "Law, Technology & the Entertainment "Biz" (see description above) will be taught by media company executives Jacob Manaster (Case '97) and David Shall (Case '83). An earlier course, taught in Spring 2005, was "Moral Rights: A European Perspective on Copyright Law," taught by Marco Ricolfi, full professor of intellectual property law and business law at Torino Law School (Professeur Ordinaire, the highest academic rank), in Italy. Top