Units

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Sample subject outline - 5 Week Teaching Period - 3 2013

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

Rationale

In the last decade, the traditional copyright regime has been debated on two fronts. First, by the growth of technological developments that makes unauthorised copying even easier. Second, by concerns voiced by developing nations, consumers, library associations, open source advocates, NGOs, internet service providers, digital manufacturers and others who have advocated for more balanced copyright protection. Legislators around the world have responded to these challenges with major reform to copyright law at both the national and international levels. Given the increasingly complex nature of copyright law in the digital age, it is necessary, not only to be familiar with the current copyright law, but also to understand both the international and policy context driving the reform agenda.

Aims

The aim of this unit is to analyse the complexities of copyright law in the digital age. This unit will include a study of the concepts of copyright law and the principles and policies of copyright law in the digital age; in particular intermediary liability, remix and reuse culture, digital rights management and technological protection measures, parody and satire rights and open content licensing. You will be asked to evaluate the efficacy of the existing copyright regime and propose suggestions for solutions in areas where currently the law is unsettled or inadequate.

Objectives

On completion of this unit, you should be able to:
(i) demonstrate an in-depth knowledge of copyright law;
(ii) analyse and critically assess the recent history of copyright law and its response to rapid technological change and other pressures;
(iii) investigate the modern policy, technological and cultural issues relating to
copyright law;
(iv) critically evaluate and propose solutions to current legal issues relating to copyright;
(v) apply advanced oral and written communication skills to assessment tasks in the context of this unit.

Content

The content of this unit will include the following themes:
1. Overview of copyright law including its history, philosophy and significance in the IP regime
2. Subject matter of copyright protection
3. Ownership of copyright and related rights including assignment and licensing of copyright
4. Requirements for protection (Subsistence)
5. Term of copyright
6. Protection of economic rights, moral and performers' rights
7. Exceptions, limitations and user rights - Fair use and fair dealing
8. Digitisation of copyright works - Intermediary liability, Peer-to-peer copying and beyond, Overview of Australian and US positions, Case Studies: Napster, Grokster, Kazaa, iiNET and YouTube
9. International Protection of copyright and related rights - Berne, WIPO Copyright Treaties (WCT and WPPT), Rome Convention
10. Open content licensing - Creative Commons
11. Software and databases protection
12. Rental right and Lending right
13. Enforcement of copyright and remedies
14. Collective rights management
15. Asia-Pacific perspective on copyright protection.

Approaches to Teaching and Learning

This unit will be taught in intensive mode of workshops, seminars and lectures made up of 26 hours taught over 5 consecutive weekdays. Attendance is compulsory. You will be provided with a Learning Guide in advance containing references to case law, legislative provisions and relevant secondary materials, You are expected to have read the relevant material before coming to class and be prepared to participate in the class discussion.

Assessment

Assessment in this unit is both formative (i.e. designed to provide you with feedback) and summative (i.e. designed to give you feedback and linked to your assessment).You will be expected to contribute to discussion in class and be required to articulate and critically assess the key principles of copyright law. Responses to these contributions from other students and the unit coordinators will provide you with immediate feedback on your progress. You will also be given feedback on your choice of topic and approval of your choice by the unit coordinators.

Assessment name: Class presentation
Description: 5 minute (maximum) presentation
The first assessment item comprises a presentation to the class is on a topic chosen by the student from an area covered in lectures.
Relates to objectives: (i). (ii) and (v)
Weight: 15%
Internal or external: Internal
Group or individual: Individual
Due date: Final day of Block

Assessment name: Take-home online written exam
Description: On-line examination to be completed within the set time lines
The written examination is a measure of your understanding of the basic principles of this unit.
The question is released on 9:00am Saturday morning between 2 and 4 weeks after teaching. The study guide will have exact dates.
Relates to objectives: (i), (ii), (iii) and (iv)
Weight: 35%
Internal or external: Internal
Group or individual: Individual
Due date: 3 days after release

Assessment name: Research Paper
Description: 4,000 word research paper
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 on your demonstrated level of critical analysis. The research paper will require you to analyse critically a contemporary issue concerning copyright in the digital age. The research paper topic should be approved in principle by the unit coordinator on the last day of the intensive. The research paper is due four weeks after the end of the intensive.
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 (available electronically from 'Publications' found under 'Study' on the Faculty of Law homepage) and will be assessed in compliance with Section 10.2.
The School of Law has also produced its own citation guidelines. These guidelines can be accessed under 'Publications' as well and 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.
Relates to objectives: (i) - (v)
Weight: 50%
Internal or external: Internal
Group or individual: Individual
Due date: 6-8 wks after block

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

Prescribed text
Reynolds, Stianoff, Adrian and Roy, Intellectual Property: Text and Essential Cases, 4th Edition, 2012
All other materials will be hyperlinked or made available online. Electronic resources can be accessed through QUT's computer labs. No personal computer hardware or software is required.
There is a Blackboard web site for this unit.

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: 24-Jan-2013