Units

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Sample subject outline - Semester 2 2012

Note: Subject outlines often change before the semester begins. Below is a sample outline.

Rationale

The Internet and associated digital technologies provide us with an enormous potential to access and build information and knowledge networks. Information and knowledge can be communicated in an instant across the globe, cheaply and with good quality, by even the most basic Internet user. However intellectual property law, which takes its definition from international conventions and is similar in most countries, places significant restrictions on people's ability to take full advantage of this revolution. While the technology has the capacity, the legal restrictions on the reuse of copyright and other intellectual property materials materially hamper its negotiability in the digital environment. Frustrated by the gap between technological possibility and legal practicality, leading internet philosophers such as Lawrence Lessig, Richard Stallman and Jimmy Wales have sought to establish better systems for negotiating intellectual property rights online, creating greater flexibility for users whilst still respecting the rights of authors. The open access movement that has grown from the work of these and other pioneers has a vision of a space in the Internet world where people could share and reuse intellectual property without fear of being sued, to the benefit of users, creators and society as a whole. As this movement is having a growing impact on the practice of intellectual property law in the public and private sectors, it is important to have an understanding of the open access movement and open licensing.

Aims

This unit aims to give students any understanding of the challenges to intellectual property law in the digital age and the new legal and business models that are evolving to meet these challenges. This unit will include a study of the basic concepts of copyright and patent law; the leading open access philosophies and movements; the most common open access licensing models; and how these models are currently being used to the benefit of the public sector, commercial businesses and private individuals.

Objectives

On successful completion of this unit, you should be able to:

1. appraise the current issues facing use and licensing of intellectual property in the digital environment;

2. examine the recent history of copyright law and how the law has responded to rapid technological change and other pressures;

3. compare and critically evaluate the main open access philosophies and licensing models, including the Creative Commons and General Public Licence;

4. explain and critically evaluate the role and value of the various open access models to industry and society;

5. critically evaluate and propose solutions to current legal issues relating to intellectual property in the digital age.

Content

The content of this unit is as follows:

Digital Copyright

• basics of copyright


• issues in the digital environment


• the 'producer' revolution

Free Software, Free Culture and Open Access Movements

• historical development


• philosophical underpinnings


• main groups and bodies

Open Source Software Licensing

• main licensing groups


• current practice

Creative Commons and Open Content Licensing

• main licensing groups


• current practice

Open Access (OA) in Practice

• OA and Governments


• OA and Education


• OA and Research


• OA and the Creative Industries


• Business models

Open Patent Licensing

• Emerging models


• CAMBIA project

Emerging Issues and Critiques

• licence Compatibility


• non Commercial as a condition


• ntegration with existing copyright management models

Approaches to Teaching and Learning

This unit will be taught in a series of seminars led by the unit coordinator. Attendance at the seminars is essential.

The seminars are intended to achieve two objectives:

the dissemination of knowledge about the seminar's topic; and

• a detailed discussion about the legal issues related to that topic.

The acquisition of the relevant knowledge is primarily your responsibility prior to the attendance at the seminars, which are then devoted to an overview, analysis and evaluation of the relevant primary materials. Your focus is on the interactive discussion of the issues. You are expected to have read the prescribed materials before attending the seminar and be capable of discussing them and the questions and exercises outlined in the Study Guide.

For external students, the seminars will be made available in podcast form and an online discussion forum will be available. External students will be expected to read and contribute to the discussion board at least once a week throughout the semester.

Assessment

Assessment in this unit is both formative (ie. designed to provide you with feedback) and summative (ie. designed to give you feedback and linked to your assessment).You will be questioned during the workshops about your understanding of key principles and your ability to critically assess such principles. Responses to these questions will provide you with immediate feedback on your progress and allow the lecturer to suggest ways in which learning can be improved and focused. The discussions in the workshop will also provide you with the formative feedback you need to guide and focus your preparation for the major research paper. You will also be given feedback on your choice of topic by the lecturer at the same time as approval is given for your choice of topic.

For external students, you will receive feedback on your progress, and direction as to ways in which your learning may be improved and focused, through responses to your contribution to the unit discussion board,

You will also receive individual feedback on your final research paper.

Assessment name: Discussion Forum
Description: This is a measure of your contribution to the discussions of the group. It takes into account your demonstrated understanding of law and policy, problem-solving skills and communications skills.
You are expected to attend at least 80% of classes in the unit. Should absences from the class exceed this figure (or a longer period of absence be required), you should advise the unit coordinators and give appropriate cause for continued enrolment shown. Failing to attend classes without cause will result in loss of marks for the discussion forum.
Relates to objectives: This item of assessment is a measure of your attainment of objectives (1) to (4).
Weight: 20%
Internal or external: Internal
Group or individual: Individual
Due date: During Semester

Assessment name: On-line Discussion Board
Description: You will be expected to read and contribute to the discussion board at least once a week throughout the semester.
Relates to objectives: These tasks are linked to objectives 1-4.
Weight: 20%
Internal or external: External
Group or individual: Individual
Due date: During Semester

Assessment name: Research Paper
Description: 6, 000-8,000 word paper on topic approved by lecturer. You will be assessed on your demonstrated familiarity with relevant literature and its critical review together with synthesis of this material into a coherent argument/discussion and the level of critical ability revealed by the analysis. Your research paper should comply with the rules for the presentation of research papers and projects in the section on "Guidelines for Presentation of Research Papers and Research Projects" in the Postgraduate Student Information Booklet. The School of Law has produced its own citation guidelines. These may be accessed at http://www.citewrite.qut.edu.au/QUT-Legal-Reference-Style-Guide.pdf. These guidelines are recommended for all students undertaking postgraduate studies.
Other citation guides may be used, after written approval to do so from the unit coordinator or supervisor.
The research paper topic will be approved in principle by the unit coordinators by the end of week four of the semester.

Other citation guides may be used, after written approval to do so from the unit coordinator or supervisor.

The research paper topic will be approved in principle by the unit coordinators on the last day of the intensive, if the unit is run as an intensive, or by the end of week four of the semester, if the unit is run as an internal unit. The research paper is due eight weeks after the end of the intensive or, alternatively during the normal examination period at the end of the semester.
Relates to objectives: 1-5
Weight: 80%
Internal or external: Both
Group or individual: Individual
Due date: Exam Period

Academic Honesty

QUT is committed to maintaining high academic standards to protect the value of its qualifications. To assist you in assuring the academic integrity of your assessment you are encouraged to make use of the support materials and services available to help you consider and check your assessment items. Important information about the university's approach to academic integrity of assessment is on your unit Blackboard site.

A breach of academic integrity is regarded as Student Misconduct and can lead to the imposition of penalties.

Resource materials

There is no prescribed text. All materials will be made available online. Electronic resources can be accessed through QUT's computer labs. No personal computer hardware or software is required.

Risk assessment statement

There are no-out-of-the-ordinary risks associated with this unit.

Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.

Last modified: 08-Jun-2012