Course Title: INTELLECTUAL PROPERTY
Course #: MBU 3520 Credit Hrs: 3 hours
Semester: Fall 2008
Instructor: Dr. Cheryl L. Slay
Instructor Contacts: 225 Barbara Massey Bldg.
Phone: 615-460-6534
Email: slayc@mail.belmont.edu
Office Hours: Tues., Thurs. – 3:30-600: pm; Other times available by appointment.
Class Location: MC200B Section 1 Meeting Time(s): 8:00 AM, T-TR
MC109 Section 2 Meeting Time(s): 11:00 AM, T-TR
MC100 Section 3 Meeting Time(s): 2:00 AM, T-TR
FINAL EXAM: Section 1 December 11, 2008, 8:00 AM (Thursday)
Section 2 December 15, 2008, 11:00 AM (Monday)
Section 3 December 11, 2008, 2:00 PM
Course Description:
Prerequisite: MBU 1110. This course provides a comprehensive study of Intellectual Property, including copyrights, trademarks, trade secrets, patents, and rights of privacy and publicity. Specific topics include exclusive rights, infringement claims and defenses, ownership, duration, and registration.
Course Outcomes: At the end of this course students shall be able to: Identify and compare the different types of intellectual property with primary emphasis on copyright law; Evaluate the rationale for intellectual property; Explain the rights provided to intellectual property owners and illustrate how they apply to practical situations; Discuss and debate some of the important limitations on intellectual property owners’ rights, and; Examine the process for registering copyrights and trademarks.
Performance Tasks: During this course, the student will: Discuss information covered in class and in assigned reading materials; Analyze situations and apply knowledge from class to answer questions on exams and/or assignments; Collaborate with other class members to analyze and evaluate an intellectual property case.
Assessment Tools: During this course, outcomes mastery will be evaluated by: Exams testing basic comprehension of information; Class assignments demonstrating application of knowledge; Final exam employing situational and problem analysis; A collaborative case study analysis including a written summary and in-class presentation.
Testing and Assignments:
There will be three (3) exams (not including the Final Exam) given throughout the semester (on the dates specified below) worth 15 points each for a total of 45 points. In accordance with College policy, make-up exams are not allowed. If you miss an exam, your Final Exam grade will be counted in place of the missed exam. The Final Exam, will be worth 35 points, will be comprehensive as required by College policy and will take place on the date specified by Belmont University. The Final Exam is mandatory. Assignments are noted on the table below. All written assignments are due on the due date at the beginning of class (unless otherwise specified). Late assignments will result in a letter grade reduction (A to B, etc.) and assignments will not be accepted one week after the due date.
|
Activity |
Credit |
Purpose/Description |
|
Exams (3) |
45 points |
Based on reading assignments and class lectures, comprehensive tests will assess the depth of the student’s knowledge base of the topic. Each test is comprised of short-answer, essay, and multiple choice questions. |
|
Group Project |
10 points |
A collaborative case study that will demonstrate the student’s assimilation of knowledge gained from lectures and assigned readings. The group will produce a 3-page case study analysis and present it orally in class. |
|
Class Exercises/ Assignments |
10 points |
Based on reading assignments and class lectures, exercises comprised of problem-solving and analyses of cases and reading assignments will demonstrate the student’s knowledge gained from class lectures and assigned reading materials. |
|
Final Exam |
35 points |
A comprehensive test comprised of multiple-choice, essay and short-answer questions that will measure the depth of the student’s knowledge base of the topic and assess the student’s assimilation of knowledge gained from lectures and readings. |
COURSE AND CLASSROOM POLICIES:
1. Attendance: Class attendance follows university policy as stated in the current Undergraduate Bulletin. Class participation is expected; attendance and absence will be noted. Unexcused absences will result in a reduction of points (%) from your final grade, as follows: 3 absences = 3% reduction; 4 absences = 5% reduction; 6 absences = 6% reduction; 7 absences = 7% reduction; 8 absences or more -- as provided by the Undergraduate Bulletin: “When the number of absences for any reason exceeds four times the number of scheduled class meetings per week, a student will be involuntarily dropped from the course with a grade of WF.”
If you are not present at the beginning of class when attendance is taken, you will be counted as absent. You do not need to inform me of the reason for absences and it is solely your responsibility to keep up with your absences. Absences can only be excused in writing by the Provost (professors do not have authority to excuse absences).
2. Materials: The text books to be used will be Moser on Music Copyright by David J. Moser 2006, and Entertainment Law: In a Nutshell by Sherri L. Burr 2007. Additional reading materials may be assigned in class, by e-mail and/or posted on the course webpage. You will need pen and paper to take notes and a No. 2 pencil for tests.
3. Basis of grade evaluation:
Grading scale as per the current Undergraduate Bulletin --
(97–100) = A+ (87-89) = B+ (77-79) = C+ (67-69) = D+
(93– 96) = A (83-86) = B (73-76) = C (63-66) = D
(92–90) = A- (80-82) = B- (70-72) = C- (60-62) = D-
< 60 = F
Honor CODE:
As members of the Belmont community, students, faculty, staff, and administrators are all responsible for ensuring that their experiences will be free of behaviors, which compromise value. In order to uphold academic integrity, the University has adopted an Honor System. Students and faculty will work together to establish the optimal conditions for honorable academic work. Following is the Student Honor Pledge that guides academic behavior:
“I will not give or receive aid during examinations; I will not give or receive false or impermissible aid in course work, in the preparation of reports, or in any other type of work that is to be used by the instructor as the basis of my grade; I will not engage in any form of academic fraud. Furthermore, I will uphold my responsibility to see to it that others abide by the spirit and letter of this Honor Pledge.”
Accommodation of Disabilities:
In compliance with Section 504 of the Rehabilitation Act and the Americans with Disabilities Act, Belmont University will provide reasonable accommodation of all medically documented disabilities. If you have a disability and would like the university to provide reasonable accommodations for the disability during this course, please notify the Office of the Dean of Students in the Beaman Student Life Center (460-6407) as soon as possible.
Electronic Device Policy: You are generally free to use notebook computers or other electronic devices (e.g., PDAs, etc.) in class to take notes. However, any use of such devices that is disruptive to the class may be prohibited. The use of any electronic and/or digital device during exams or assignments is strictly prohibited. Cell phone use (i.e., calling and receiving calls, sending and receiving text messages, etc.) in class is prohibited since such activity can be disruptive to other students.
Class Schedule: The following is a tentative class schedule for coverage of the material in the course. It is considered tentative as I reserve the right to adjust the schedule based upon the material, amount of participation, and unforeseen events that may alter the schedule.
PROPOSED CLASS SCHEDULE
|
Week # |
DATES |
SUBJECT |
READING; REFERENCES |
|
|
|
|
|
|
1 |
8/28 |
Course Introduction |
Syllabus |
|
2 |
9/2 |
Introduction to Intellectual Property & Law |
|
|
2 |
9/2; 4 |
IP Comparative Overview |
Handout |
|
3, 4 |
9/9; 14 |
What Is Copyright |
Moser, Chapter 1, pp. 1-9 |
|
4 |
9/16 |
The History of Copyright |
Moser, Chapter 2, pp. 11-18 |
|
4 |
9/16; 18 |
Copyrightable Subject Matter |
Moser, Chapter 3, pp. 22-40 |
|
5 |
9/23; 25 |
Ownership of Copyright |
Moser, Chapter 4, pp. 42-60 |
|
6 |
9/30 |
Ownership of Copyright |
Moser, Chapter 4, pp. 42-60
|
|
6 |
10/2 |
Exam #1 |
|
|
7 |
10/7 |
Fall Break |
|
|
7 |
10/9 |
The Reproduction Right |
Moser, Chapter 5, pp. 63-69 |
|
8 |
10/14 |
Derivative Rights |
Moser, Chapter 6, pp. 78-84 |
|
8, 9 |
10/16; 21 |
Distribution Rights, cont’d., Public Performance and Display Rights |
Moser, Chapter 6, pp. 78-84; Chapter 7, pp. 88-107 |
|
9 |
10/23 |
Group Assignment Due |
|
|
10 |
10/28 |
Copyright Duration |
Moser, Chapter 8, pp. 109-119 |
|
10 |
10/30 |
Copyright Formalities (Registration and Notice) |
Moser, Chapter 9, pp. 120-136; www.copyright.gov |
|
11 |
11/4 |
Infringement of Copyright |
Moser, Chapter 10, pp. 138-153 |
|
11 |
11/6 |
Defenses to Infringement |
Moser, Chapter 11, pp. 155-167 |
|
11 |
11/6 |
Remedies for Copyright Infringement |
Moser, Chapter 12, pp. 169-178 |
|
12 |
11/11 |
Exam #2 |
|
|
12 |
11/13 |
Copyright and Digital Technology; Online Music Issues |
Moser, Chapter 14, pp. 190-202; Slay, MySpace or Whose Space Is it Anyway? (Article); Moser, Chapter 15, pp. 203-222; Additional reading may be assigned |
|
13 |
11/18; 20 |
Trademark Rights |
|
|
14 |
11/25 |
Trademark Infringement and Remedies; Trademarks in Entertainment |
Burr, pp. 161-168 |
|
14 |
11/27 |
Thanksgiving Break |
|
|
15 |
12/2 |
Exam #3 |
|
|
15 |
12/4 |
Trademark Registration; Rights of Publicity |
http://www.uspto.gov/web/offices/tac/doc/basic; Burr, pp. 279-293 |
|
16 |
12/9 |
Rights of Publicity; Patents |
Burr, pp. 279-293; 169-170 |
* FINAL EXAM – SEE P. 1 OF SYLLABUS FOR FINAL EXAM DATES*