1. Agenda for 12th Class Admin stuff Handouts Slides
Estates in Land and Future Interests
Intellectual Property
Fair use (Campbell) (continued
Property in Body Parts

2. Assignment for Next Class
Review any questions we did not discuss in class today
Read Estates in Land and Future Interests Handout
You don’t need to read the case on pp carefully
Questions to think about / writing assignments
Problems on p. 14
1 (WG1), 2 (WG2) …. 7 (WG7)
8 (WG1), 9 (WG2) …. 14 (WG7)
Double Points if writing assignment turned in by Sunday at noon.

3. Copyright -- Campbell Pretty Woman Original (Roy Orbison/Acuff-Rose)
  Pretty Woman Parody (2 Live Crew/Campbell)
Acuff-Rose refused to license and sued
Court says no liability, b/c fair use
Purpose and character
Transformative v non-transformative
Commercial v non-commercial
Nature of copyrighted work
Creative v factual
Amount and substantiality of portion used
Effect on market or value of copyrighted work

4. Fair Use Questions
Consider whether the following actions would qualify as fair use. In evaluating these actions, consider both the statutory factors in Copyright Act § 107 (quoted in the Campbell decision) and the Supreme Court’s interpretation of these factors in Campbell. In all of these examples, assume that the actions were done without permission of the copyright holder.
3. You use a DVR (digital video recorder) or VCR (video cassette recorder) to record over-the-air broadcast television. Would it matter if the DVR or the VCR had a feature that allowed users to fast-forward or skip through commercials?

5. Fair Use Questions
4. A company purchases scientific journals and keeps the bound volumes in its library. When employees want to read an article, the library photocopies the requested article and delivers it to the employee.
5. James “Mad Dog” Mattis is fired by President Trump and decides to write a book about his time in the Trump Administration. The New York Times obtains a leaked draft of the book and publishes two full newspaper pages of excerpts. The excerpts contain what the New York Times editors believe are the most important parts of the book.
6. A rap musician “samples” music from a classic Beatle’s album and uses it in her latest album.
7. A Harry Potter fan publishes an Encyclopedia of Harry Potter. Many entries include quotations from the Harry Potter books.

6. Moore v Regents
Dr. Golde at UCLA Medical Center removed Moore’s spleen as a treatment for hairy-cell leukemia
Dr. Golde intended to do research on T-lymphocytes from Moore’s spleen
But did not tell Moore about those plans
Dr. Golde’s reseach led to a new cell line
Dr. Golde and UCLA got patent on cell line
Dr. Gold and UCLA negotiated 440K license with Genetics Institute
$3 billion potential market
Moore sued Golde and UCLA
Court held
Golde and UCLA violated fiduciary duty and failed to get informed consent
b/c did not disclose personal interests unrelated to patient’s health
No cause of action for conversion
Moore did not have property interest in spleen
Arabian concurrence. Immoral to recognize property in human body
Mosk dissent. Moore had property right and valid action for conversion

7. Questions on Moore
1. Do think the court reached the right result in Moore?
2. Which opinion did you find more persuasive, the majority, Arabian’s concurrence, or Mosk’s dissent?
3. If Moore (or Henrietta Lax’s descendants) had property rights in their cells, what would the appropriate remedy be?
4. If a court recognized that patients had property rights in their cells, what do you think researchers and hospitals would do differently in the future to prevent lawsuits like those in Moore?
5. Given the decisions in Moore, and described on pp of the handout, do you think people have a property right in body parts and fluids removed from their bodies? Should they?

8. Flynn v. Holder
National Organ Transplant Act (NOTA) forbids sale of “human organ” including “kidney, liver …. [and] bone marrow”
But not blood
At time statute was passed, bone marrow was extracted by aspiration
Painful procedure that required anesthesia
Now hematopoietic stems cells from bone marrow is usually extracted by peripheral blood stem cell apheresis
Procedure involving drugs, removal of blood, separation of stem cells, and return of rest of blood to patient
Very low risk
Court holds
No violation of NOTA

9. Questions on Flynn
6. Do you think the court interpreted the statute correctly in Flynn statutory interpretation?
7. Do you think the court reach the right decision in Flynn as a matter of policy?