78203 Communications and Intellectual Property Law Overview
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.
Credit points: 8 cp
Result type: Grade and marks
Requisite(s): 78100c Postgraduate Legal Research
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): 78251 Communications and Intellectual Property Law Overview
Description
This foundational subject provides non-law graduates with an overview of the key legal areas relevant to the communications law program. It introduces the key current legal principles and topics generally covered by the areas of media law, broadcasting and telecommunications law, and intellectual property law, providing students with a foundational knowledge to enable them to pursue the more specialised subjects offered in the program.
The subject is compulsory for non-law graduates and recommended for law graduates who do not have a background in media, communications or intellectual property law, or do not hold a law degree from a common law country. Law graduates considering enrolling in this subject who are not enrolled in the Master of Communications Law (C04242) or Graduate Certificate in Communications Law (C11217) are advised that this subject is not suitable if they already have a background in media, communications and/or intellectual property law. The subject also includes a component on the Australian legal system and method designed for non-law graduates.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | understand key features, principles and laws relating to the Australian legal system (including legal method) and the Australian regulatory environment concerning media, communications and intellectual property, |
|---|---|
| 2. | understand the policy choices and regulatory choices applicable to the areas studied as well as demonstrate an awareness of the emerging issues and challenges in these areas, |
| 3. | think critically, analytically, reflectively and independently, across a range of relevant legal, policy and regulatory issues, and apply relevant law to solve practical problems, make policy and regulatory choices, and evaluate a range of responses, |
| 4. | communicate effectively, orally and in writing, concepts, views and arguments, in the areas studied, clearly, logically and persuasively and in an academic and professional manner. |
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) - 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
Teaching and Learning Strategies
Strategy 1 - Independent study, to develop, deepen and consolidate knowledge and understanding of relevant issues.
Strategy 2 - Class discussions, to provide an opportunity for students to critically explore, analyse and reflect on selected issues as well as develop their oral communications skills. Students will be able to build on their independent study and test their ideas and develop and evaluate arguments as well as gain valuable feedback from their colleagues and the
Academic.
Strategy 3 - Lectures, where appropriate, to introduce topics and provide further background and material to facilitate: understanding of complex issues and concepts, independent study and class discussions.
Strategy 4 - Assessment tasks, these are designed to develop the graduate attributes targeted by this subject as well as fulfil the subject learning objects.
Strategy 5 - Blended learning, this subject will be supported by UTSOnline.
Content (topics)
Topic 1 – Introduction to the Australian legal system
Topic 2 – Freedom of expression and constitutional regulation
Topic 3 – Regulatory Approaches to the Media and Communications Sector
Topic 4 – Restrictions on Media Freedom
Topic 5 – Regulation of the Broadcasting Sector
Topic 6 - Regulation of the Telecommunications Sector
Topic 7 – Intellectual Property Law
Topic 8 – Regulation of Online and Convergent Devices Content
Assessment
Assessment task 1: Class participation
| 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 5.0 |
|---|---|
| Weight: | 20% |
| Length: | 1,000 words (notional) |
| Criteria: | Knowledge and understanding of relevant law/theory/policy; critical analysis and evaluation of issues and readings; willingness to contribute to class discussions in an informed way; oral communication skills; cooperative group discussion skills; attendance. |
Assessment task 2: Mid-Session Assignment
| 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 5.0 |
|---|---|
| Weight: | 40% |
| Length: | 3,000 words (excluding footnotes and bibliography). A deviation of 10% is permissible. |
| Criteria: | Development of a sustained thesis or argument addressing the question asked; knowledge and understanding of relevant law/theory/policy; critical analysis and evaluation of relevant issues including their identification and application of relevant law/theory/policy; engagement with relevant sources; structure and organisation; style and expression; referencing in accordance with the Faculty’s preferred style (AGLC3). |
Assessment task 3: End-Session Assignment
| 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 5.0 |
|---|---|
| Weight: | 40% |
| Length: | 3,000 words (excluding footnotes and bibliography). A deviation of 10% is permissible. |
| Criteria: | Development of a sustained thesis or argument addressing the question asked; knowledge and understanding of relevant law/theory/policy; critical analysis and evaluation of relevant issues including their identification and application of relevant law/theory/policy; engagement with relevant sources; structure and organisation; style and expression; referencing in accordance with the Faculty’s preferred style (AGLC3). |
Required texts
1. There is no single substantive text available which is appropriate for this subject. Instead a set of Class Papers has been prepared and included in the Learning Guide which will be made available on UTSOnline. The Class Papers provide a guide to each class, including what to read/view/listen to for each class, some discussion starter questions as well as suggestions for further reading. Many of the required materials are available as eReadings in the UTS Library's eReading collection ('Digital Resources Register'). For the remainder, students will be given sufficient information to locate these otherwise online. The Class Papers may also be supplemented from time to time during the course of the session as necessary.
2. Australian Guide to Legal Citation (Melbourne University Law Review Association, 3rd ed, 2010) [AGLC3]. This work sets out the Faculty's style for referencing. You may purchase a copy or view it online through the Library's catelogue.
Recommended texts
Students may find the following useful as general references:
Introduction to the Australian Legal System:
Catriona Cook, Robin Creyke, Robert Geddes, David Hamer and Tristan Taylor, Laying Down the Law (LexisNexis Butterworths, 9th ed, 2015)
Elizabeth Ellis, Principles and Practice of Australian Law (Thomson Reuters, 3rd ed, 2013)
Nickolas James and Rachael Field, The New Lawyer (John Wiley & Sons, 2013)
Michelle Sanson and Thalia Anthony, Connecting With Law (Oxford University Press, 3rd ed, 2014)
Prue Vines, Law and Justice in Australia: Foundations of the Legal System (Oxford University Press, 3rd ed, 2013)
Introduction to the Australian communications regulatory environment:
Scott Beattie and Elizabeth Beal, Connect & Converge: Australian Media and Communications Law (Oxford University Press, 2007)
Rhonda Breit, Professional Communication: Legal & Ethical Issues (LexisNexis Butterworths, 2nd ed, 2011)
Des Butler and Sharon Rodrick, Australian Media Law (Thomson Reuters, 5th ed, 2015)
David Rolph, Matt Vitins, Judith Bannister and Daniel Joyce, Media Law Cases, Materials and Commentary (Oxford University Press, 2nd ed, 2015)
References
For very general reference when reading in unfamiliar territory:
An Australian law dictionary (latest edition), eg: published by LexisNexis, Oxford University Press.
For general information about UTS Law subjects:
UTS Law Student Guidebook (latest edition)
UTS:LAW Guide to Written Communication (latest edition)
UTS: Assessment of Coursework Subjects Policy and Procedures available at <www.gsu.uts.edu.au/>
Other resources
Some useful journals and newspapers:
Alternative Law Journal
Communications Law Bulletin
Australian Intellectual Property Journal
Media and Arts Law Review
Telecommunications Journal of Australia
'Legal Affairs' section of the Friday edition of The Australian newspaper
Some useful websites:
Australasian Legal Information Institute (AustLII): <www.austlii.edu.au>
Australian Communications and Media Authority (ACMA): <www.acma.gov.au>
Australian Communications Consumer Action Network (ACCAN): <www.accan.org.au>
Australian Competition and Communications Commission (ACCC): <www.accc.gov.au>
Australian Classification Website <www.classification.gov.au/>
Australian Government, Department of Communications: <www.communications.gov.au/>
Commonwealth Attorney-General: <www.ag.gov.au/>
NSW Department of Justice: <www.justice.nsw.gov.au/>
Some interesting radio and TV programmes:
ABC Radio National's Law Report: broadcast on Tuesdays at 5.30pm, repeated on Wednesdays at 5.30am. Transcript and audio available at <www.abc.net.au/radionational/programs/lawreport/>.
ABC Media Watch, broadcast on ABC1 on Mondays at 9.20pm, repeated on Tuesdays at 11.45am and Wednesdays at 12.25am, transcript and broadcast available at <www.abc.net.au/mediawatch/>.
Some interesting DVDs and videos:
Frontier: Stories from White Australia's Forgotten War (Directed by Bruce Belsham, ABC TV Documentaries, 1997), esp Episode 1: '1788-1830 They Must Always Consider Us As Enemies'.
McLibel: Two Worlds Collide (Directed by Franny Armstrong and Ken Loach, Spanner Films, c 2005).
To Kill a Mockingbird (Directed by Robert Mulligan, Brentwood Productions, 1962)
12 Angry Men (Directed by Sidney Lumet, 1957) and the TV version 12 Angry Men (Directed by William Friedkin, 1997). There is also a Russian version, 12 (Directed by Nikita Mikhalkov, 2007)
