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US Copyright Law and Practice (LAWS90104)
Graduate courseworkPoints: 12.5Not available in 2024
Overview
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The subject will cover the relationship of statutory to constitutional norms, particularly with respect to US copyright’s accommodation of freedom of expression. The copyright 'Subject Matter' topic will include applied art and computer programs – works whose protection courts have not easily resolved. Ownership will focus on the peculiarities of the US works made for hire doctrine. The 'Formalities' topic will explore the extent to which formalities still condition the exercise of copyright in the US. The 'Exclusive Rights' topic will include analysis of the scope of rights in the online environment. The 'Exceptions' topic will concentrate on 'fair use', and will consider its 'portability' particularly in light of calls to incorporate 'fair use' into other countries’ copyright laws, including Australia’s. Remedies will address enforcement, including the liability of online service providers
Jane C Ginsburg is the Morton L Janklow Professor of Literary and Artistic Property Law at Columbia University in New York City, where she teaches copyright law, and is the author or co-author of many books and articles on US and international copyright law.
Principal topics include:
- Constitutional foundations of US copyright
- Subject matter of copyright
- Ownership of copyright
- Formalities
- Exclusive rights
- Exceptions
- Remedies.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the legal principles of US copyright law and practice law within the context of work, including recent developments in this field of law and practice
- Be able to critically examine, analyse, interpret and assess the effectiveness of these legal rules
- Be an engaged participant in debates regarding emerging and contemporary issues in the field, such as online infringement, intermediary liability, the scope for fair use defences and users’ rights, conflict of laws issues, the effects of technological change, and international and trade issues affecting US law and policy making
- Have a sophisticated appreciation of the factors and processes driving congressional revision of the legal framework
- Have a detailed understanding of US approaches to copyright and related issues in an international and human rights context
- Have the cognitive and technical skills to independently examine, research and analyse existing and emerging legal issues relating to US copyright law and practice
- Have the communication skills to clearly articulate and convey complex information regarding US copyright law and practice to relevant specialist and non-specialist audiences, including practitioners and clients working in non-US jurisdictions
- Be able to demonstrate autonomy, expert judgment and responsibility as a practitioner in non-US jurisdictions to providing advice to clients on issues arising in relation to US copyright law that affect clients in those jurisdictions.
Last updated: 30 January 2024
Eligibility and requirements
Prerequisites
Students must meet one of the following prerequisite options:
Option 1
Admission into a Melbourne Law Masters program
A subject in domestic copyright, or IP survey course taken previously or concurrently is desirable but not required.
Option 2
Admission into the MC-JURISD Juris Doctor
AND
| Code | Name | Teaching period | Credit Points |
|---|---|---|---|
| LAWS50029 | Contracts | Semester 2 (On Campus - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
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: 30 January 2024
Assessment
| Description | Timing | Percentage |
|---|---|---|
Class participation | Throughout the teaching period | 10% |
Multiple choice test
| End of the teaching period | 15% |
Take-home examination
| 75% | |
| Hurdle requirement: A minimum of 75% attendance | Throughout the teaching period | N/A |
Last updated: 30 January 2024
Quotas apply to this subject
Dates & times
Not available in 2024
Time commitment details
136-150 hours The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.
Additional delivery details
This subject has a quota of 30 students. Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 30 January 2024
Further information
- Texts
Prescribed texts
Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Master of Commercial Law Course Master of Laws Course Juris Doctor Course Graduate Diploma in Intellectual Property Law Course Master of Intellectual Property Law - Links to additional information
law.unimelb.edu.au
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 30 January 2024