COPYRIGHT Practice Exam – Fall 2020 – Question File Professor García Untimed Honor Code Reminder: Under the Honor Code, the submission of any academic work constitutes a representation on the student’s part that such work has been done and submission is being made in compliance with all applicable provisions of the Code. You are responsible for knowing and complying with the Code, and with all exam instructions, including the time limit specified above. EXAM INSTRUCTIONS § Exam Platform and Duration. This examination will be completed via Google Forms. The Question File will be available on the course web site beginning at 9:00 a.m. on December 5, 2020. a. By clicking the “Question File” link on the course web site, you will be certifying that you agree to adhere to the honor code. b. You will draft your answers in a Word document, which you should name “Response File.” Please do not put your name anywhere in the file name, or in the document itself. c. You must upload your Response File to Google (by clicking the “Submit” button) no later than 5:00 pm on Thursday, December 17, 2020. You should receive an email confirmation that your response was submitted. If you do not, please reach out to Prof. Garcia. § Question File. This Question File is 11 pages long, including these instructions. The entire exam is worth seventy-five (75) points, allocated as follows: 1. Section I consists of two (2) short answer questions (worth 15 points each); and 2. Section II consists of one (1) essay question worth 45 points total. § Anonymity. The final exam is anonymous. Please do not add your name or any other information that identifies you to the Response File. You should include only your Exam Number on each and every page of your Response File. § Permitted Materials. This is an “open” project, meaning that you may consult any materials and sources you like, including the Internet, except for your classmates or any other human beings. Work during the exam must be entirely your own. You may not collaborate with students or others. NB: Many of the fact patterns and materials provided herein are borrowed from actual, currently pending (or recently resolved) cases. As such, you should use the Internet at your own risk, and rely only on the information and facts presented in the Question File (and not as supplemented by reporting you may find online). § Exam Format. Your writing project answer must: § be typed, § be single-spaced, § have a 1” margin on all sides, § be in 12-point Times New Roman font, § have page numbers at the bottom of all pages, § not include your name or other identifying information on any page, and instead § include your exam number on all pages. § Page limits. For Short Answers, your answers should not exceed 500 words. Your answer for the Essay question should not exceed 1500 words (and indeed, may be satisfied in less). Headings/subheading/footnotes/citations may be excluded from the word count. Please include your word count following each answer. Good luck! 2 Section I – Short Answer (2 Questions; 15 points each) Instructions: 1. Read each of the two questions carefully and draft appropriate answers no longer than 500 words in length. Any words beyond that count will not be read or credited. In this section, you will be graded as much on the perceptiveness of your answer, as on the clarity and conciseness of your writing. 2. Where relevant, you must cite relevant statute sections, case law, etc. in order to receive full credit. These citations do not have to be in Bluebook format (or any particular format for that matter), nor do they need to be full and proper names. In other words, you may write “§106(1)” in lieu of “Section 106(1) of the Copyright Act of 1976” or “Cartoon Network” in lieu of “Cartoon Network LP v. CSC Holdings, Inc.” 3. Citations, footnotes, headings and subheadings will not count toward your word count. 3 Short Answer Question #1 (15 points): With the recent slew of sexual allegation claims against celebrities, politicians, news anchors, and other men in positions of power, we have seen apology letter after apology letter—the accused’s ubiquitous and perfunctory mechanism for responding to such allegations. One woman, poet Isobel O’Hare, has found a common thread in all of these apologies; she finds them hollow, insincere, and insufficient. In response, she has begun creating and posting to her Instagram account self-proclaimed “erasure poems” in which she “redacts certain portions of the text from an apology letter, leaving other words visible, so as to form a new message.” Two examples follow: The first is comedian Louis CK’s apology, followed by Ms. O’Hare’s erasure poem: These stories are true. At the time, I said to myself that what I did was O.K. because I never showed a woman my dick without asking first, which is also true. But what I learned later in life, too late, is that when you have power over another person, asking them to look at your dick isn’t a question. It’s a predicament for them. The power I had over these women is that they admired me. And I wielded that power irresponsibly. I have been remorseful of my actions. And I’ve tried to learn from them. And run from them. Now I’m aware of the extent of the impact of my actions. I learned yesterday the extent to which I left these women who admired me feeling badly about themselves and cautious around other men who would never have put them in that position. I also took advantage of the fact that I was widely admired in my and their community, which disabled them from sharing their story and brought hardship to them when they tried because people who look up to me didn’t want to hear it. I didn’t think that I was doing any of that because my position allowed me not to think about it. There is nothing about this that I forgive myself for. And I have to reconcile it with who I am. Which is nothing compared to the task I left them with. I wish I had reacted to their admiration of me by being a good example to them as a man and given them some guidance as a comedian, including because I admired their work. The hardest regret to live with is what you’ve done to hurt someone else. And I can hardly wrap my head around the scope of hurt I brought on them. I’d be remiss to exclude the hurt that I’ve brought on people who I work with and have worked with who’s professional and personal lives have been impacted by all of this, including projects currently in production: the cast and crew of Better Things, Baskets, The Cops, One Mississippi, and I Love You, Daddy. I deeply regret that this has brought negative attention to my manager Dave Becky who only tried to mediate a situation that I caused. I’ve brought anguish and hardship to the people at FX who have given me so much The Orchard who took a chance on my movie. and every other entity that has bet on me through the years. I’ve brought pain to my family, my friends, my children and their mother. I have spent my long and lucky career talking and saying anything I want. I will now step back and take a long time to listen. Thank you for reading. 4 The second is actor Kevin Spacey’s apology, followed by Ms. O’Hare’s erasure poem: I have a lot of respect and admiration for Anthony Rapp as an actor. I’m beyond horrified to hear his story. I honestly do not remember the encounter, it would have been over 30 years ago. But if I did behave as he describes, I owe him the sincerest apology for what would have been deeply inappropriate drunken behavior, and I am sorry for the feelings he describes having carried with him all these years. This story has encouraged me to address other things about my life. I know that there are stories out there about me and that some have been fueled by the fact that I have been so protective of my privacy. As those closest to me know, in my life I have had relationships with both men and women. I have loved and had romantic encounters with men throughout my life, and I choose now to live as a 5 gay man. I want to deal with this honestly and that starts with examining my own behavior. Since the erasure poems were first published via O’Hare’s Instagram page, several things have happened: First, a group that calls itself Make Men Great Again has begun taking poems written by Ms. O’Hare and conducting their own redactions to create misogynistic messages, which they then post to their Instagram account. At the time of this writing, each poem has received over 100 comments directly disparaging Ms. O'Hare. 6 Second, a group of students at Barnard College had several of Ms. O’Hare’s erasure poems printed onto t-shirts, which they then wore to a Million Women March in Washington, DC. The shirts were such a hit at the march that a company named Shirts for Good translated the erasure poem shirts into 29 different languages and is selling them for $20 apiece in their Etsy shop. Finally, and to Ms.