The Academic Center of Law and Business
Summer Program in Oxford
Intellectual Property: Copyright in the Computer Age
Dr. Kim Treiger-Bar-Am
Course Schedule
August 1-5, 2011
ARRIVAL: Saturday July 30 or Sunday July 31, 2011.
Directions to St John’s College, Oxford:
From Heathrow airport:
- Terminal 1,2,3 - take the ramp down and head to the ‘central bus station’. Keep
following the signs, past the entrance to the metro, to the ‘central bus station’. When you
come up (stairs or elevator, ie ‘lift’), the bus to Oxford is on your left, at the end of the
first platform entry for buses (bay 14A).
- Terminal 5 - the bus leaves just out of the terminal, from bay 11.
In general, the bus comes every 20-30 minutes. The trip takes 1.5 hours (depending on
traffic). Take the bus to the final stop, ‘Gloucester Green, Oxford’. Please prepare bus
fare in pounds! It is about 25 pounds, round trip (if you plan to take the bus back to
Heathrow ask for the ‘period return’ ticket).
For additional information and detailed timetable check the airline webpage:
http://www.oxfordbus.co.uk/main.php?page_id=24
You will get off the bus at the last stop, Gloucester Green, you are in Oxford’s town
center, and two blocks away from St John’s College. Walk straight from the bus station
through the open plaza and to Beaumont Street, on your left. Turn right on Beaumont
and follow the road to the corner, where you will pass flags for the Randolph Hotel.
Cross over to the other side of the street in front of you; you will pass a statue in the
center of the road. Turn to your left, on St Giles Street. Just up the road (on your right)
are two big heavy doors which are the entrance to St John’s College. If you arrive during
the daytime there will be an open gate with the sign of the College posted. Press the
button at the smaller of the two heavy doors (not the red one), and enter. The porter’s
lodge is on your right, and the porter will give you your key and help you find your room.
You can address questions to Tal at: [email protected]
The Porter’s Lodge at St John’s:
St. Giles
Oxford City Centre, Oxford, OX1 3JP
01865 277300
SCHEDULE OF CLASS TIME
Tentative Schedule
Monday, August 1, 2011
9:00 AM
MEET AT THE ST. JOHN’S LODGE, AT THE ENTRANCE TO COLLEGE.
Topic: Course Introduction and Copyright Models
12.00 Lecture by Dr. Ilanah Simon Fhima, London School of Economics, on Trademark
Dilution
1.00 Tal Ofek will show you to Oxford’s oldest pub.
Tuesday, August 2, 2011
9:00 Tour of College Library
10:00 Topic: Moral Rights
12:00 Lecture by Dr. Ariel Ezrahi or Dr. Jusine Pila, University of Oxford
3:30 Meet at the Lodge, for a tour of Oxford by Victoria Bentata, including insights into
Medieval Jewish Oxford.
7:00 Pizza night, at the MCR
Wednesday, August 3, 2011
9:00 Topic: Internet Architecture
12:00 Lecture by Jeremy Philips, Intellectual Property Consultant, Olswang, solicitors;
Director of Research, Intellectual Property Institute, on Orphan Works
Thursday, August 4, 2011
9.00 Topic: Google Cases
3:00 Topic: Open Source
4:00 Lecture by Rowan Wilson, Research Officer, OSS Watch (Open Source Software
project), Oxford University Computing Services
Friday, August 6, 2011
9:00-12 Topic: Summary and Conclusions
Tea in College Hall
Have a good trip home.
Dr Kim Treiger-Bar-Am
WRITING ASSIGNMENT
Please choose one of these questions from the course syllabus, and write a short essay
(MAXIMUM ONE PAGE, double spaced font 12) before your arrival to Oxford. The
class discussion will be in English, but feel free to write your essay in English or Hebrew.
For discussion Monday August 1:
* Which copyright model would offer more protection to computer engineers?
*Are software programs ‘literary works’ under the UK Copyright Act 1988?
For discussion Tuesday August 2:
* How much control should an author have to prevent modifications to works once they
are digitalized and placed on the internet?
For discussion Wednesday August 3:
* Is the internet necessarily free, because of its architecture: is it a public commons?
* If the architecture of the internet is open to controls, which controls should be allowed?
For discussion Thursday August 4, morning session:
* Should a library’s works be freely accessible?
* Is it fair use to digitilise both public- and non-public domain works?
For discussion Thursday August 4, afternoon session:
* Should computer software be open (or “free”)?
The Academic Center of Law and Business
Summer Program in Oxford
Intellectual Property: Copyright in the Computer Age
August 1-6, 2010
Dr. Kim Treiger-Bar-Am
Course Syllabus
The course subject is intellectual property, with a focus on copyright issues and problems
raised in the computer age. The course will begin with a broad overview of different
copyright models, comparing Anglo-American, European and Israeli approaches. We will
look at how software is protected under copyright regimes, and whether it should be
protected or should be left open and free. We will then look at intellectual property
challenges posed by the internet and by the digitalisation of materials, and global media
sources seeking to control those materials.
Visiting lecturers will augment the course on particular subject matters, including
competition issues, and trademark rights over domain names. In addition to the lectures
presented by legal scholars from the Universities of Oxford and LSE, a presentation will
be given on Open Source software by an expert in the Oxford University computing
center.
Summary of topics:
I Copyright models
Anglo-American and European approaches compared
II Moral Rights
III Hardware and internet architecture
(a) Grokster
(b) DMCA
IV Digitalization and the Internet:
(a) Google v AAP
(b) Google v Authors’ Guild
V Protection of software and Open Source
Detailed Syllabus with Reading and Assignments
For each assignment, all of the reading is REQUIRED. Reading which is OPTIONAL is
is indicated as such. For each topic you are requested to prepare talking points in
response to the question posed. In addition, for ONE of the topics you are asked to
WRITE A SHORT RESPONSE (maximum 1 double spaced page).
ALL READING ASSIGNMENTS ARE ON THE COURSE WEBSITE, AND/OR ARE
AVAILABLE VIA THE INTERNET LINKS SUPPLIED HERE
NOTE: FOR THE ADDITIONAL LECTURES, PLEASE SEE THE COURSE
SCHEDULE ABOVE.
I Course Introduction, and Copyright Models – MONDAY
We will review the course outline, and begin to look at different copyright models.
Copyright models compared: Anglo-American and European approaches
Neil Netanel, “Alienability Restrictions And The Enhancement Of Author Autonomy: A
Normative Evaluation, 24 RUTGERS L.J. 347 (1993), pages: 347-378
Sarah Presenti (Hebrew):
28 -17 ,‫ דיני זכויות יוצרים‬,‫שרה פרזנטי‬
OPTIONAL:
Paul Edward Geller ‘Must Copyright be Forever Caught between Marketplace and
Authorship Norms?’ in Brad Sherman and Alain Strowel Of Authors and Origins
(Clarendon Press Oxford 1994), pages 159-181
OPTIONAL FOR ISRAELI STUDENTS:
93/2790 ‫ע"א‬Robert E. Eisenman.817 (3) ‫ פ"ד נד‬,‫נ' אלישע קימרון‬
** Please prepare talking points, on this question:
Which copyright model would offer more protection for computer-generated works?
II Moral Rights – TUESDAY
a- The Internet and Moral Rights
UK Copyright, Designs and Patents Act 1988 Act sections Section IV sections 77-89
http://www.opsi.gov.uk/ACTS/acts1988/Ukpga_19880048_en_5.htm
Israel Copyright Law, 2007 – Sections 45-56
Leslie Kim Treiger-Bar-Am, “The Moral Right of Integrity – A Freedom of Expression”,
in Fiona Macmillan (ed.), New Directions in Copyright vol. 2 (Edward Elgar 2006)
Danger Mouse – see New York Times article on the Grey Album:
http://www.dangermouse.org/
http://en.wikipedia.org/wiki/Danger_Mouse
Endless Love video, see:
http://www.youtube.com/watch?v=UtEH6wZXPA4
(Also available at:)
http://www.youtube.com/watch?v=rNpoS6jOty4
Creative Commons, see:
http://creativecommons.org/
** Please prepare talking points, on this question:
How much control should an author have to prevent modifications to works, once they
are digitalized and placed on the internet?
OPTIONAL:
b- Protection of Software
Toni Greenman (Hebrew)
:(2008) ‫ אמנים ומפיקים‬,‫ זכויות יוצרים‬,‫טוני גרינמן‬
4.2, 4.2.1
UK Copyright, Designs and Patents Act 1988
sections 3(1), 18(2), 21(3), 27(3A), 29(4), 50A-C, 296(2A), 296A
UK Regulations on Computer Programs on those sections:
http://www.opsi.gov.uk/si/si1992/Uksi_19923233_en_4.htm
Laddie, Prescott & Vitoria, The Modern Law of Copyright and Designs (eds) (3d
ed Butterworths London 2000), parts 34.26-29, 34.67-69, 34A.11-15, 34A.20-25
EC Directive
http://eurlex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=en&nu
mdoc=31991L0250&model=guichett
Evaluations of the Directive:
http://europa.eu/scadplus/leg/en/lvb/l26027.htm
http://www.fipr.org/press/030908eucd.html
** OPTIONAL preparation of talking points, on this question:
Are software programs ‘literary works’ under the UK Copyright Act 1988?
III Hardware and Internet Architecture - WEDNESDAY
a- DMCA, Napster
Excerpts from Neil Netanel, FROM THE DEAD SEA SCROLLS TO THE DIGITAL
MILLENNIUM; RECENT DEVELOPMENTS IN COPYRIGHT LAW, 9 Tex. Intell.
Prop. L.J. 19 (2000)
b- Groskter
US Supreme Court decision (pages 1-6)(note references to Napster)
http://fairuse.stanford.edu/MGM_v_Grokster.pdf
c- Code
Excerpts from Lawrence Lessig, THE LAW OF THE HORSE: WHAT CYBERLAW
MIGHT TEACH, Harvard Law Review 501 (1999)
** Please prepare talking points for the third lesson, on this question:
Is the internet necessarily free, because of its architecture: is it a public commons? If the
architecture of the internet is open to controls, which controls should be allowed?
OPTIONAL READING:
Jonathan Zittrain, 'The Generative Internet'
http://www.oiprc.ox.ac.uk/EJWP0306.pdf
IV Digitalization and the Internet – THURSDAY A.M.
a- AAP v Google: Library Project
AAP’s Complaint:
http://publishers.org/main/Copyright/attachments/40_McGraw-Hill_v_Google.pdf
(note: the complaint also can be downloaded from the following site:)
http://www.unc.edu/courses/2006spring/law/357c/001/projects/jsieman/aap.pdf
Press releases from AAP:
http://www.publishers.org/press/releases.cfm?PressReleaseArticleID=274
http://www.publishers.org/press/releases.cfm?PressReleaseArticleID=292
Google’s response:
Web postings:
http://googleblog.blogspot.com/2005/10/point-of-google-print.html
http://googleblog.blogspot.com/2005/10/why-we-believe-in-google-print.html
http://googleblog.blogspot.com/2005/08/making-books-easier-to-find.html
b- Author’s Guild v Google: book search
Complaint:
http://www.unc.edu/courses/2006spring/law/357c/001/projects/jsieman/authorsguild.pdf
Google’s response to court:
http://www.unc.edu/courses/2006spring/law/357c/001/projects/jsieman/AGanswer.pdf
(Note: This document is accessible by link from
http://www.unc.edu/courses/2006spring/law/357c/001/projects/jsieman/booklawsuit.html
Jonathan Band's excellent analysis can be found at:
http://www.policybandwidth.com/doc/googleprint.pdf
(Note: that article also can be downloaded from the following website)
http://www.llrx.com/features/googleprint.htm
** Please prepare talking points for the fourth lesson, on this question:
Should a library’s works be freely accessible? Is it fair use to digitilise both public- and
non-public domain works?
OPTIONAL:
- For more resources on these suits, see citations listed at:
http://www.unc.edu/courses/2006spring/law/357c/001/projects/jsieman/booklawsuit.html
- The Proposed Settlement can be viewed at:
http://books.google.com/googlebooks/agreement/
- The Court’s rejection of the Proposed Settlement can be downloaded from:
http://www.cepic.org/sites/cepic/assets/Decision_District_Court_NY.pdf
V Open Source – THURSDAY P.M.
a- Open Source
http://www.opensource.org/docs/definition.php
b- Eric Raymond's The Cathedral and the Bazaar:
http://www.catb.org/~esr/writings/cathedral-bazaar/
c- Richard Stallman’s critique on open source:
http://www.gnu.org/philosophy/open-source-misses-the-point.html
d- The Oxford OSS (Open Source Software advisory) website:
http://www.oss-watch.ac.uk/
e- Creative Commons
http://search.creativecommons.org/
•
•
Please watch introductory video ‘Wanna Work Together?’ Press ‘Find CC
Licensed Work’ on the top of the home page screen, and press play for the video
at the prompt ‘It’s Easy’.
Also see the short ‘legal concepts’ description, at:
http://creativecommons.org/about/legal/
** Please prepare talking points, on this question:
Should computer software be open or free?
OPTIONAL READING
GNU Licenses
http://www.gnu.org/philosophy/free-sw.html
Lawrence Lessig, OPEN CODE AND OPEN SOCIETIES: VALUES OF INTERNET
GOVERNANCE, Chicago-Kent Law Review 1405 (1999)
Cites from Wikipedia on open source (note that Wikipedia is itself open source):
http://en.wikipedia.org/wiki/Open_source :
http://en.wikipedia.org/wiki/Open_source_software
http://en.wikipedia.org/wiki/Open_source_movement
http://en.wikipedia.org/wiki/Open_Source_history
VI Conclusion - FRIDAY
Course Summary, and Student Presentations on Suitable Models
ENJOY READING!
Things to Do in Oxford
We will take a tour of Oxford, highlighting spots of Jewish historic interest.
I would add:
MUSEUMS
The Ashmolean Museum (right across from St John's College) is the oldest in
Britain. The Natural History Museum and PittRivers anthropological Museum are
next to eachother (in the same building), across from the back gate of the
College. There you will find dinosaur skeletons, the Alice in Wonderland Dodo
birds, shrunken heads, and much more. There is also a modern art museum, and
the history of science museum, in town. All of the museums are free.
ARCHITECTURE
To the left outside of College and left again you will find the Sheldonian Theatre,
of important architectural significance.
COLLEGES
I would recommend visiting Magdalen College on High Street (turn left out of
College, turn left at the corner, turn right after the Sheldonian and take the next
left), with its deer park. Be sure to see the chapel and the age-old Da Vinci
replica. There is a river walk at the back of the college. Worcester College, at the
end of Beaumont Street (after the turnoff to the bus station), was one of the spots
where the Alice in Wonderland tales were devised. Christ Church College has a
famous picture gallery.
BOOKSTORES
Blackwell's has a number of stores devoted to various subject areas. Also in the
main old shop (turn left out of St John’s College and then right, and it is on your
left), there is the enormous Norris Room inside. You will also see Border's and
Waterstone's right at the main corner of Cornmarket Street, to the left of college.
PARKS
Across from Magdalen College is the Botanic Garden, which in the 16th century
began with herbal medicines. It is breathtakingly beautiful. Before that it was the
site of the town mikva. On the meadow (a public commons) you will see the
canal with ducks, as well as horses and cows: access it through Leckford Road,
or through town (on the way to the train station there is an entrance).
The University Park and river are behind the Natural History Museum.
PUBS
The pubs next to the College were favorites of many literary figures. There are
also pubs in the center of town, and Morrell's is one you can visit to see how beer
is made. From College turn to the right and go up Woodstock Road for a popular
student pub with a garden.
SPORT
At the river in the University Park you can see and try 'punting', an Oxford
boating sport. To rent a punt go to Cherwell Boathouse just north of the
University Park (Cherwell Road), or in town, across from the Botanic Garden.
There is a local gym and pool in Summertown, north of College (in
'Summertown'), called the Ferry Sports Center.
Esporta is another gym and pool, also at the north end of town.
SHOPPING
For shopping visit the covered market behind the pedestrian mall on Cornmarket
Street. Shakespeare played in the courtyard here.
Primark and other shops are found at the Westgate Shopping Center, on the way
to the train station. If you are there take a look at the hotel behind Westgate,
which was converted from an ancient prison.
High Street also has quite a few English stores.
TRIPS OUTSIDE OF OXFORD
Blenheim Palace is in Woodstock, a town north of Oxford which you can reach by
bus. It was where Winston Churchill was born, and is quite an impressive
place. It also houses many of his personal letters.
To get to London you can take the bus or train. The train is more expensive, and
quicker (especially if there is traffic). However, train delays are frequent. In
London the Science Museum, Victoria and Albert Museum, Tate and Tate
Modern, are free national museums. Of course London has alot to offer.
SYNAGOGUES
The Oxford synagogue (“Oxford Jewish Centre”) is on Richmond Road, just a
short walk from St John’s College. (Turn right out of the college, turn left to cross
Banbury and continue down Little Clarendon Road, with many nice small shops
and cafes, and continue straight to the end of the next road, where you will see
the synagogue in front of you.) The Oxford Chabad House in Cowley also
extends a warm welcome to students.
The following recommendations are added by my daughter, Maital Bar-Am:
When you go to Oxford you’ll find great places. There are good shops such
as Primark, Debenham, Tesco, Sainsbury’s and Co-op. There are places with
delicious food like Pizza Hut, The Jericho Café, Mamamia and Blanc. You will also
find interesting attractions like museums, colleges and more. Of course the names
of those are Oxford Story, The Natural History Museum, Pitt Rivers, The
Ashmoleon, Worcester College, St.Johns and Magdalen. There are obviously
beautiful sites such as the meadows and canals. There is also a great gym with 2
swimming pools (1 inside 1 out)! The Name of this gym is Esporta. As you can see
Oxford is a great place!