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78195 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: 8 cp
Result type: Grade and marks

Requisite(s): ( 78100c Postgraduate Legal Research OR ((102 credit points of completed study in spk(s): C04236 Juris Doctor OR 102 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration)))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 77903 Copyright Law

Recommended studies:

students who have previously not completed a basic intellectual property subject are recommended to enrol in 78185 Intellectual Property: Law and Policy before this subject

Description

This subject covers the principles of copyright, the development of case law and the structure and ambit of the legislation. Students are required to develop a good working knowledge of the Copyright Act 1968 (as amended), and associated regulations, and to have a sound knowledge of relevant case law.

Subject learning objectives (SLOs)

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

1. explain the basic principles of copyright law;
2. understand current copyright law and practice and in Australia;
3. undertake independent research and analysis of issues surrounding copyright;
4. identify the emerging issues facing copyright law both in Australia and internationally;
5. understand the challenges posed for copyright law by technological advances;
6. apply knowledge and understanding of copyright law to practical situations.

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)
  • 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)
  • Communication and Collaboration
    Effective and appropriate professional communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately (5.0)

Teaching and learning strategies

Strategy 1 Lectures/Seminars both Face –to-face and to be recorded for on-line students.
Strategy 2 Participation in class discussions / online discussions and group exercises where appropriate.
Strategy 3 Web-based learning – materials provided or directed via the online environment.
Strategy 4 Teacher support for independent research and reading.
Strategy 5 Students to undertake in-depth case analysis.
Strategy 6 Major assessment facilitating the development of independent research skills requiring critical analysis of emerging issues.


Subject Delivery
The aim of the teaching strategies for this subject is to foster an effective learning environment for students whether in class or online. Accordingly, this subject is taught using lectures/seminars and UTSOnline. In class instruction and discussion will form the basis of each week's class. These classes will be recorded and uploaded on UTSOnline together with additional materials. Not all topics will be covered in class in-depth. To ensure that classes can provide the most effective learning experience students will be expected to have read the minimum required readings for each week. 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) of a current case on Australian copyright law. A list will be provided in the first week and roster developed therefrom. The major assessment task involves a research project of the student's design.

Content (topics)

  1. Introduction & Economic Aspects of Intellectual Property
  2. Copyright - Its Birth and Nature
  3. Regulatory Framework
  4. Subsistence of Copyright:
    • Connecting factors and material form
    • Originality & Works Generally
  5. Subsistence of Copyright: Categories of Works and other Subject-Matter
  6. Exclusive Rights of the Copyright Owner & General Principles of Infringement
  7. Direct and Indirect Infringement, Other Civil Actions & Offences
  8. Defences and Compulsory Licences
  9. Dealing with Copyright:
    • Ownership and Licensing
    • Remedies
    • Collecting Agencies and the Copyright Tribunal
  10. Moral Rights
  11. Folklore and Indigenous Cultural Property & Performers Protection
  12. International Enforcement Issues

Assessment

Assessment task 1: Class Participation

Objective(s):

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

1.0 and 5.0

Weight: 10%

Assessment task 2: Case Analysis

Objective(s):

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

1.0 and 5.0

Weight: 20%

Assessment task 3: Research Assignment Topic Outline

Objective(s):

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

1.0 and 4.0

Weight: 10%

Assessment task 4: Research Assignment Essay

Objective(s):

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

1.0, 4.0 and 5.0

Weight: 60%
Length:

4,500 words

Required texts

  1. K. Bowrey, M. Handler and D. Nicol, Australian Intellectual Property: Commentary, Law and Practice, 1st ed, OUP, 2010
  2. A Stewart, P Griffith, J Bannister and A Liberman, Intellectual Property in Australia, 5th edition, Butterworths, 2014
  3. R Reynolds, N Stoianoff, A Adrian, A Roy, Intellectual Property: Text and Essential Cases, 4th edition, Federation Press 2012
  4. Copyright Act 1968 (Cth) Available at: http://www.aph.gov.au/Library/intguide/law/Intelectuallaw.htm

Recommended texts

  1. S Ricketson, M Richardson, and M Davison Intellectual Property: Cases, Materials and Commentary, 4th edition, Butterworths, 2013
  2. K Bowrey, M Handler, D Nicol (eds), Emerging Challenges in Intellectual Property, 1st ed, OUP, 2011
  3. M Davison, A Monotti, L Wiseman, Australian Intellectual Property Law, 2nd ed, CUP, 2012
  4. M Leiboff, Creative Practice and the Law, Thomson/Lawbook Co.2007.
  5. K Bowrey, Law and Internet Cultures, Cambridge Uni Press, 2006.
  6. L Bently and B Sherman, Intellectual Property Law, 4th ed, OUP, 2014
  7. 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
  8. 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

Other resources

1. Looseleaf Services/Online

  • Lahore, Intellectual Property in Australia: Copyright Law, Butterworths
  • 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 Co

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