Intellectual Property & Popular Culture (LAWS50128)
Graduate coursework level 5Points: 12.5On Campus (Parkville)
About this subject
Contact information
Summer Term
Teaching staff:
David Tan (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
Overview
| Availability(Quotas apply) | Summer Term |
|---|---|
| Fees | Look up fees |
Intellectual Property and Popular Culture (IPPC) is designed to offer an interdisciplinary cultural studies perspective on the enforcement of intellectual property (IP) rights with a focus on the relevance of an understanding of cultural production and semiotic consumption to legal doctrine. It discusses the application of intellectual property laws to aspects of popular culture such as movies, television, music, books, sports, fashion, and lifestyle.
Contemporary culture in industrialised nations is characterised by a vibrant kaleidoscope of images and spectacles that permeate the fabric of everyday life, influencing consumption choices and political views, and providing meaningful materials out of which people may shape their own identities. It is in a hybrid mode as consumer-citizens that individuals participate to express freedom, choice and identity. The conceptual framework of cultural studies can help one better understand why certain cultural artefacts are universally popular and their significant impact within the environment they inhabit, and more importantly, can provide insights into how the law may respond in the context of this cultural milieu. In particular, this subject will examine the cultural and semiotic significance of celebrities (e.g. Lady Gaga, Rihanna), fictional characters (e.g. Superman, Mickey Mouse) and iconic status symbols (e.g. Louis Vuitton, Rolex).
IPPC uses relevant insights from cultural studies in a pragmatic manner to evaluate how an understanding of the contemporary production, circulation and consumption of such cultural products like celebrities, fictional literary characters and status symbols could ultimately assist in a more nuanced development of copyright, trademark and personality rights laws.
A comparative approach will be adopted to examine cultural themes in cases that involve the enforcement of IP rights to protect the celebrity personality, well-known fictional characters/movies/books/songs and iconic brands primarily drawn from the US jurisdictions of New York and California. There will some references to the United Kingdom, the European Union and Australia, but do note that this is not a course on Australian IP law.
This subject is designed for both students who have previously previously studied intellectual property (e.g., copyright, trademarks) and students who are exposed to intellectual property for the first time.
There is no prescribed textbook for this subject, although students are encouraged to have access to David Tan, The Commercial Appropriation of Fame: A Cultural Analysis of the Right of Publicity & Passing Off (2017).
Intended learning outcomes
On successful completion of this subject, students will have:
- acquired an advanced understanding of the key writings and insights from contemporary cultural studies on the production, circulation and consumption of cultural artefacts such as the celebrity personality, famous literary/dramatic/ musical/artistic works and status symbols in contemporary society;
- gained an understanding of four relevant causes of action that are often used to enforce IPR relating to cultural artefacts today;
- demonstrated an ability to apply an interdisciplinary cultural studies perspective in a pragmatic manner to analyse the development of legal doctrine in relation to IPR;
- shown advanced skills in written analytical communication and legal problem-solving; developed the capacity to identify the salient transnational similarities and differences in the protection of IPR relating to popular iconography, and be able to compare and critique legal concepts across different jurisdictions; and
- augmented their specialised knowledge and skills to work more effectively in a multi- jurisdictional professional practice, undertake cross-jurisdictional research in an advanced academic setting or further graduate-level studies either in Australia or overseas.
Generic skills
- Critically assess the nature and role of the legal frameworks providing for copyright, trademarks and personality rights within a cultural context;
- Evaluate these frameworks against defined policy objectives;
- Analyse judgments, statutes and secondary materials which relate to these laws;
- Orally persuade and argue in class particular perspectives; and
- Write legal assessments of particular scenarios in which copyright, trademarks and personality rights issues are implicated, including being able to comment on the desirability of the application of the law.
Last updated: 4 March 2025
Eligibility and requirements
Prerequisites
Admission into the MC-JURISD Juris Doctor
AND
All of
| Code | Name | Teaching period | Credit Points |
|---|---|---|---|
| LAWS50023 | Legal Method and Reasoning | Summer Term (Dual-Delivery - Parkville) |
12.5 |
| LAWS50024 | Principles of Public Law | Semester 1 (On Campus - Parkville) |
12.5 |
| LAWS50025 | Torts | Semester 1 (On Campus - Parkville) |
12.5 |
| LAWS50026 | Obligations | Semester 1 (On Campus - Parkville) |
12.5 |
| LAWS50028 | Constitutional Law | Semester 2 (On Campus - Parkville) |
12.5 |
| LAWS50029 | Contracts | Semester 2 (On Campus - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
None
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 4 March 2025
Assessment
| Description | Timing | Percentage |
|---|---|---|
Online take home examination (3 days)
| 2 Weeks after the end of teaching | 100% |
Additional details
The due dates of assessment will be made available to students on the Assessment Schedule on the Juris Doctor Canvas LMS Community. Note, these are updated regularly.
Last updated: 4 March 2025
Quotas apply to this subject
Dates & times
- Summer Term
Principal coordinator David Tan Mode of delivery On Campus (Parkville) Contact hours This subject is taught across 6 days, with six hours of class on each of these days. Students are expected to be present at all classes. Refer to the LMS subject page for confirmation of these dates. Total time commitment 150 hours Pre teaching start date 22 January 2025 Pre teaching requirements Please refer to Canvas LMS to check for any pre-class readings and preparatory learning activities before the teaching period commences. Teaching period 5 February 2025 to 17 February 2025 Last self-enrol date 24 January 2025 Census date 7 February 2025 Last date to withdraw without fail 21 February 2025 Assessment period ends 13 March 2025 Summer Term contact information
Teaching staff:
David Tan (Subject Coordinator)For current student enquiries, contact the Law School Academic Support Office
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Additional delivery details
This subject has an enrolment quota. Please refer to the Juris Doctor enrolment webpage for further information about re-enrolment and subject quotas. Melbourne Law School may reserve places in a subject for inbound study abroad and exchange students.
Last updated: 4 March 2025
Further information
- Texts
Prescribed texts
Close to the teaching period, students will be advised about prescribed textbooks and other specialist reading materials. Make sure to check Canvas LMS in the lead-up to the study period.
Recommended texts and other resources
Students are encouraged to have access to David Tan, The Commercial Appropriation of Fame: A Cultural Analysis of the Right of Publicity & Passing Off (2017).
- Related Handbook entries
- Links to additional information
- Available to Study Abroad and/or Study Exchange Students
Last updated: 4 March 2025