Howard University School of Law
Copyrights
Prof. Steven D. Jamar
Spring 2004 Final Exam
April 19, 2004
General instructions
1.	You have three (3) hours for the exam.
2.	Times noted for the questions reflect the amount of time I estimate it would take to answer each question.  They do not add up to 3 hours, but you have 3 hours for the exam (including reading these instructions).  Please note that although the time noted does relate somewhat to the points for that question, it does not do so in a strict one-to-one fashion.
3. 	There are three (3) questions worth 220, 80, and 100 points respectively for a total of 400 total possible points.  In addition, there is a 20 point bonus question.
4.	Write only on one side of each page in the bluebook. 
5.	Write legibly and clearly in blue or black ink.
6.	Use headings as appropriate.
7.	Respond to the question asked, not to questions that might have been asked.  Even within your responses, do not spend time on matters that are not issues just to show me how much you know.  This exam tests professional judgment as well as knowledge of copyright law.
Permissible exam materials
	This exam is completely open book.  You may use any materials you bring with you to assist you during the course of the exam including but not limited to the text, text supplement, statutes, handouts, commercial outlines, personal outlines, notes, hornbooks, pre-prepared answers, laptop computers, PDAs, online resources (excluding communications with other people), etc.  If the room has internet connections and you have the ability to do so, you may connect to the internet during the exam.  However, this is not advised.
Exam components
The exam consists of (1) this instruction page, (2) the 3 questions plus 1 bonus question on the 2 pages following these instructions, and (3) the fact pattern attached hereto (which is substantially the same version posted on the course website on April 8, 2004).
Howard University School of Law
Copyrights
Prof. Steven D. Jamar
Spring 2004 Final Exam
April 19, 2004
Question 1.  80 minutes.  220 points.
Marsha sued Video Den in federal court under the Westpenna Art Integrity Act (AIA) and under the federal Copyright Act.  
a.	Consider whether the work was a work made for hire and give your best judgment of the likely result on this issue.
b.	Assume the work is not a work for hire.  Consider Marsha’s AIA and VARA claims on the merits and give your best judgment of the likely result on the substantive merits on each theory.  
c.	Consider Video Den’s preemption defense(s) to Marsha’s AIA claims and give your best judgment of the likely result on preemption defenses.
Within each part and subpart explain your reasoning as fully as time allows using the content, theory, policies, and objectives of copyright law.

Question 2.  40 minutes.  80 points.
Using particular reference to statutory sections and language, consider whether the tent done as a likeness of the Sydney Opera House would infringe the architectural work (see Exam Fact Pattern ¶18, p. 4).  Assume for this question that the Sydney Opera House is a registered architectural work protected under the United States Copyright Act.  That is, there are no defenses based on territorial limits of the U.S. law, or on when it was designed or built, or on formalities with respect to it.

Question 3.  40 minutes.  100 points.
Assume that the Sinclair book, “PS-ILO Arcana,” has not been published.  Discuss Aleece’s defense of fair use for publishing it online (see Exam Fact Pattern ¶¶ 52-57; 65-73, pp. 7-10).  Be sure to consider the free speech and the freedom of religion dimensions of the issue.

Bonus Question.  20 points.
Assume that the pictures in the exam fact pattern (see Exam Fact Pattern ¶¶ 9, 18, & 64) were either authorized derivative works or authorized copies of the things depicted.  Assume further that Prof. Jamar did not obtain permission to reproduce those pictures in the exam from either the copyright holders of the original underlying works (sculpture, architecture, poster) or the copyright holders of the photographic derivative works or copies.  Is the reproduction and distribution of the pictures in this exam lawful under §110(1)?  Explain briefly.  Do not discuss fair use under §107.