write an IRAC

1. You accessed 2 copyright statute sections and also now access section 107, the fair use section of the copyright statute.   Read them, thinking about the Salinger v. Random House case. Explain how they guide the judge when deciding whether Hamilton infringed Salinger’s copyrights in his letters in this case.  It is both summarizing and quoting the parts of the statute that are relevant AND explaining how those parts will guide the judge in the case he/she is deciding.  Here it is Hamilton’s use of Salinger’s letters to friends to tell readers about the man Salinger.  This should be probably 2-3 paragraphs of 5 sentences or more each.  Make sure you cite your sources and do not plagiarize. 

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2. Summarize the appellate court’s decision in the Salinger v. Random House case, probably using the Wikipedia summary of the opinion.  Make sure you cite your sources and do not plagiarize.  Comment on what the trial or lower court had decided and how the Second Circuit changed the trial court’s holding.  Again, should probably be 2-3 paragraphs, with 5 or more sentences each.

3. Explain Judge Pierre Leval’s article “Toward a Fair Use Standard.”  He tells the main points in his introduction.  Then find what he said about the Second Circuit’s decision in Salinger v. Random House.  How did he think it was not a smart decision for developing the fair use standard?  This is difficult work and you may want to read what Wikipedia said about the article.  Again it should be 2-3 paragraphs with 5 or more sentences each.  Cite your sources and do not plagiarize.

4.  Comment on how understanding how laws can infringe free speech, even copyright laws, can affect your behavior.  For instance, there are sites that help you download music and movies for free.  Downloading someone else’s work is not transformative, and I can see how it is not fair use to do it.  But suppose you want to download a song in order to use it to write another song.  Are you now prohibited from doing that?  Has fear of being sued changed the way you behave?  Talk with your group and write a final paragraph on your feelings on this.


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