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77903 Copyright Law

Warning: The information on this page is indicative. The subject outline for a particular session, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

Subject handbook information prior to 2017 is available in the Archives.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

Requisite(s): ( 78101c Postgraduate Legal Research OR ((22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies OR 22 credit points of completed study in spk(s): C04147 Master of Legal Studies OR 22 credit points of completed study in spk(s): C07074 Graduate Diploma Legal Studies OR 22 credit points of completed study in spk(s): C04264 Master of Legal Studies)) OR 77905c Preparing for Intellectual Property Practice OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 78195 Copyright Law

Description

Copyright law deals with intangible, creative and informational assets. It is an area of growing commercial and cultural importance, that is frequently enmeshed in debate over the impact of changing technologies and economic and social practices. In this subject, students learn the principles of copyright law and develop an understanding of the doctrinal law of copyright in terms of the relevant statutory frameworks and their application in the case law. Students gain an understanding of where copyright law fits within the broader field of intellectual property law, as well as the international environment in which it operates. The subject provides an in-depth examination of what copyright law protects, how infringement occurs and how exceptions to infringement operate. It also covers the areas of moral rights and performers rights, and allows students to explore current issues, such as traditional cultural expressions and the challenges posed by rapidly changing technologies. Students also learn about dealings with copyright, litigation processes and remedies.

The subject combines a practical and theoretical approach which both enriches students' understanding of the complex public and private interests at play and prepares them for a career in legal practice or general commerce.

Accordingly, students develop legal knowledge and skills in critical analysis and evaluation, problem-solving and research skills. Together, these skills and knowledge enable students to critique theoretical, jurisprudential and policy issues as well as the laws, cases, practices and policies in this area.

Subject learning objectives (SLOs)

Upon successful completion of this subject students should be able to:

1. Understand and critically analyse and evaluate copyright law and practice in Australia and internationally;
2. Critically analyse and evaluate the factual, legal and theoretical issues relevant to contemporary policy debates and law reform in copyright law and practice in Australia and internationally;
3. Think critically and strategically in relation to commercial disputes in copyright law and practice and adopt a solution-focused approach to legal problems;
4. Construct and articulate logical, reasoned, persuasive and justifiable legal and scholarly arguments to resolve practical problems and issues in copyright law and policy;
5. Undertake independent research and analysis of emerging issues in copyright law in Australia and internationally.

Course intended learning outcomes (CILOs)

This subject also contributes specifically to the development of the following graduate attributes:

  • Legal Knowledge
    An advanced and integrated understanding of a complex body of legal knowledge including the Australian legal system, social justice, cultural and international contexts, the principles and values of ethical practice, and contemporary developments in law and its professional practice (1.0)
  • Critical Analysis and Evaluation
    A capacity to think critically, strategically and creatively including an ability to identify and articulate complex legal issues, apply reasoning and research to generate appropriate theoretical and practical responses, and, demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses (3.0)
  • Research Skills
    Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues and demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions (4.0)

Teaching and learning strategies

Strategy 1: Student preparation for learning activities

Students become familiar with the law and relevant material prior to listening to the lectures (whether face to face or online). Each week key resources, including legislative provisions, text book reading, cases, chapters, articles and short videos or podcasts, will be set for students to engage with before they listen to the lecture. Lists of questions or themes to be considered while reading are provided to focus students’ attention and prepare them for discussion. These questions will form the basis of in-class discussion for on-campus students and online discussion for distance students. To ensure that lectures provide the most effective learning experience all students will be expected to have read the minimum required readings for each week before each topic is presented.

Completing set readings enables students to develop legal knowledge as well as skills in critical analysis and evaluation. Relevant details will be found in the Reading Guide, which is available to students under the Subject Outline tab on UTSOnline.

Strategy 2: Collaborative learning

Students use the discussion area to ask questions, share ideas and engage in collaborative discussion and evaluation of the materials. This collaborative practice assists students to develop new perspectives, test their ideas and understanding, and identify areas for clarification. Students have the opportunity to ask questions of their peers and of the teacher to test and consolidate their learning and gain feedback on their progress.

Students also engage in lectures by asking and responding to questions either in class or online. Discussion activities will extend the ideas of the lecture in new directions or in greater depth. It is therefore important to participate actively and engage with the lecture material to clarify understanding and challenge ideas. The teacher and guest speakers will provide perspectives on the recommended readings and clarification of the law through videos and audio material. The ability to listen and think at the same time is a crucial skill for a lawyer or legal adviser, who will often need to master new information delivered orally and/or in writing and provide an intelligent response immediately.

Discussion questions will be provided each week and each student will be required to either make a presentation (if on campus) or provide a written analysis (if online) on a hypothetical fact scenario, or ‘problem question’. A selection of questions from which students will select the problem on which they wish to present will be provided in week 1.

Strategy 3: Legal analysis and problem solving

The ability to solve legal problems is an essential skill for a legal adviser. Problem-solving involves interpreting and analysing legislation and cases, and applying the legislation and principles developed through the case law to novel and difficult factual situations. Students will select a particular ‘problem question’ early in the session to analyse. The question will consist of a fictional factual scenario raising real-life legal issues. Students will develop their skills in legal analysis and problem solving by identifying relevant legal principles and assessing how they might apply to the facts with which they have been presented. They will be expected to identify commercially viable and practical solutions for a hypothetical client. Problem solving activities and also contribute to students’ development of skills in critical analysis and evaluation.

Strategy 4: Applying research skills

Students undertake independent research including identifying relevant case law and secondary material. Comprehensive guidance is provided in the Study Guide to prepare students to use the library and legal databases to find relevant material. Critical reading and analysis of judicial and scholarly material are also important skills. The Study Guide and assessment tasks direct students to the key themes and arguments to look for in the subject materials, assisted by the UTS Library research support materials and databases. In this way, students develop and refine skills in identifying and synthesising relevant material and use this to make reasoned, logical, justifiable and persuasive arguments. They will apply these skills in to a research project of the student's design and receive individual written feedback on their progress (see below).

Strategy 5: Feedback

Detailed guidance as to the assessment criteria and the provision of timely feedback are an important part of the learning process. This process is enhanced by the formative activities in class and online, which inform and consolidate student learning of key concepts in copyright law. Formative feedback on research skills is provided during discussions and by formal written feedback on problem question analysis and in written answers to research essays.

Subject Delivery

This subject is taught using lectures/seminars for on campus students and UTSOnline for off campus students. In class instruction and discussion will form the basis of each week's lecture. The lectures are recorded and uploaded on UTSOnline together with additional materials. Distance students listen to recorded lectures and complete discussion and problem solving activities online. Not all topics will be covered in in-depth.

All students will participate in the online discussion forums in discussion.

Content (topics)

  1. Topic 1 Introduction, history and theory of copyright, international treaty framework, subsistence of copyright
  2. Topic 2 Subject Matter I
  3. Topic 3 Subject Matter II including Folklore and indigenous cultural property
  4. Topic 4 Authorship and Ownership
  5. Topic 5 Economic Rights I
  6. Topic 6 Economic Rights II - authorisation and indirect infringement
  7. Topic 7 Exceptions to infringement
  8. Topic 8 Moral rights and performers' rights
  9. Topic 9 Remedies and enforcement
  10. Topic 10 Dealings with copyright

Assessment

Assessment task 1: Class Participation

Intent:

Student participation in online discussions and group activities is designed to assist learning by enabling students to clarify and reinforce their understanding of the laws and principles of, and issues arising in, copyright law and practice.
Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3 and 4

This task contributes specifically to the development of the following graduate attributes:

1.0, 3.0 and 4.0

Weight: 10%
Length:

750 words (nominal)
Criteria:
  • Ability to identify relevant law and policy required to solve problem-based scenarios.
  • Critical thinking in relation to the issues raised in the Discussion questions.
  • Reflective, responsive and respectful attitudes towards other perspectives, including willingness to consider and engage with alternative viewpoints and, where relevant, to admit to lack of understanding or areas of confusion.
  • Clarity of expression, use of appropriate language and a demonstrated ability to formulate responses in clear and succinct terms.
  • Taking initiative in generating discussion, encouraging others to participate and raising pertinent questions, which contributes to a collaborative learning environment.

Assessment task 2: Problem question

Intent:

This assessment is intended to give you experience in the authentic, everyday task of considering how the law would apply in a real life (hypothetical) scenario, and consider the advice you would provide to a hypothetical client.
Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3 and 4

This task contributes specifically to the development of the following graduate attributes:

1.0, 3.0 and 4.0

Weight: 30%
Length:

1000 words
Criteria:
  • Identify the relevant legislative provisions and case law applicable to the problem.
  • Identify relevant legal issues and demonstrate insight into the issues raised.
  • Critical analysis and evaluation of legal propositions and argument.
  • Coherent and logical analysis of legal issues.
  • Apply the relevant law to the facts in an articulate, reasoned and logical manner.
  • Articulate clear and coherent argument which is logically structured and supported by authority.
  • Strategic problem-solving offering viable commercial solutions.
  • Clear written expression with correct use of grammar, punctuation and spelling.
  • Correct uniform referencing and demonstration of judgement and responsibility in terms of academic integrity, in particular honest and complete acknowledgment of sources.

Assessment task 3: Research Assignment Topic Outline

Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3, 4 and 5

This task contributes specifically to the development of the following graduate attributes:

1.0, 3.0 and 4.0

Weight: 10%
Length:

750 words maximum

Assessment task 4: Research Essay

Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3, 4 and 5

This task contributes specifically to the development of the following graduate attributes:

1.0, 3.0 and 4.0

Weight: 50%
Length:

2500 words

Criteria:
  • Identification of relevant legal issues and demonstrated insight into the issues raised.
  • Critical analysis and evaluation of legal propositions and argument.
  • Coherent and logical analysis of legal, policy and theoretical issues
  • Comprehensive and appropriate consideration of relevant authorities and literature.
  • Articulation of a clear and coherent argument, which is logically structured and supported by evidence.
  • Clear written expression with correct use of grammar, punctuation and spelling
  • Correct uniform referencing and demonstration of judgement and responsibility in terms of academic integrity, in particular honest and complete acknowledgment of sources.

Required texts

Copyright Act 1968 (Cth) Available at https://www.legislation.gov.au/Details/C2016C00741

Recommended texts

  • A Stewart, P Griffith, J Bannister and A Liberman, Intellectual Property in Australia, (LexisNexis, 5th edition, 2014)
  • K. Bowrey, M. Handler and D. Nicol, Australian Intellectual Property: Commentary, Law and Practice, (OUP, 2nd ed, 2015).
  • R Reynolds, N Stoianoff, A Adrian, A Roy, Intellectual Property: Text and Essential Cases, (Federation Press, 5th edition, 2015).
  • S Ricketson, M Richardson, and M Davison, Intellectual Property: Cases, Materials and Commentary (LexisNexis, 5th edition, 2012).
  • K Bowrey, M Handler, D Nicol (eds), Emerging Challenges in Intellectual Property, (OUP, 1st ed, 2011).
  • M Davison, A Monotti, L Wiseman, Australian Intellectual Property Law, CUP, 2015
  • Convention: Berne Convention for the Protection of Literary and Artistic Works (Berne Convention) Available at:· http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html
  • WIPO Copyright Treaty: http://www.wipo.int/treaties/en/ip/wct/
  • Convention: Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) Available at: http://www.wto.org/english/docs_e/legal_e/27-trips.pdf
  • Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations http://www.wipo.int/treaties/en/ip/rome/

Other resources

1. Looseleaf Services/Online: through UTS LIbrary

  • Lahore, Intellectual Property in Australia: Copyright Law, LexisNexis
  • Australian Industrial and Intellectual Property: Copyright, Designs, Patents, Trade Marks, Legislation and Cases, CCH
  • Ricketson S., The Law of Intellectual Property: Copyright, Designs and Confidential Information, Lawbook Company

2. Specialist Journals

  • Australian Intellectual Property Law Bulletin (IPLB)
  • Australian Copyright Council Bulletins
  • Australian Intellectual Property Journal (AIPJ)
  • European Intellectual Property Review (EIPR)

3. Websites