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The subject explores this Australian intellectual property regime in predominantly black-letter terms. It asks students to consider the doctrinal issues implicated by the various aspects of copyright law: subsistence, ownership, infringement, exceptions to infringement and remedies. Also integrated with the curriculum are moral and performers' rights, and the treatment of internet service provider liability as an intermediary between copyright owner and infringer. The subject is structured within an international framework, explaining the importance of treaty norms and with selective use of comparative law.
Principal topics include:
- The evolution and theory of the national and international copyright system
- The material protected by copyright
- The duration of protection
- The rights granted by copyright
- Infringement of copyright, including defences and available remedies
- Ownership, licensing and assignment of copyright
- Moral rights and their infringement
- Copyright law in international perspective.
This subject will be delivered via a 'flipped classroom' model. The substantive content delivery will occur largely outside the classroom, with videos and notes provided to students via Canvas modules. Class hours will be spent applying and debating these principles (and related policy) in order to develop higher level cognitive, problem-solving, advocacy and reasoning skills.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of Australian copyright system, its economic and social rationales and its international context
- Be able to critically examine, analyse, interpret and assess copyright doctrine and principles
- Be an engaged participant in debates regarding the legal protection of creative endeavour
- Have a sophisticated appreciation of Australian copyright law and its context
- Generate critical and creative ideas relating to copyright law
- Articulate and convey complex information on copyright law and policy to relevant specialist and non-specialist audiences
- Be able demonstrate autonomy, expert judgment and responsibility as a practitioner and learner in the field of copyright law.
Last updated: 29 July 2022