Course # MBU3520/Intellectual Property/Credit: 3 

Semester:  Spring 2007

Class Location: Section 1: MC209B); Section 2: MC209B; Section 4: MC209B; Section 5: MC100

Instructor: David Moser

Contacts: 460-5439 or 498-3006 (cellphone), moserd@mail.belmont.edu

Office Hours: Wed & Fri (2:00-4:00); Thurs 4:30-6:00; Other times available by appointment

Meeting Time(s): Section 1 (MWF at 9:00 a.m.); Section 2 (MWF at 11:00 a.m.); Section 4 (MWF at 1:00 p.m.); Section 5 (R at 6:30).

Final Exam: Section 1: 5/7 at 8:00 a.m.; Section 2: 5/3 at 11:00 a.m.; Section 4: 5/4 at 2:00 p.m.; Section 5: 5/3 at 7:00 p.m.

 

Educational Objectives of the Mike Curb College of Entertainment & Music Business: 1) To provide a personalized, career-oriented and practical education that emphasizes leadership, innovation, private enterprise and entrepreneurship.  2) To equip students with the tools to think critically, communicate effectively, accept responsibility, make successful decisions, and prosper in diverse work environments. 3) To emphasize quality classroom instruction within the parameters of ethical Christian principles.

 

Course Description: Prerequisite: MBU 1110. This course provides a comprehensive study of intellectual property, the rationale for intellectual property protection, current issues involving intellectual property, international intellectual property issues, and the role of intellectual property in the entertainment industry. The types of intellectual property covered include copyrights, trademarks, trade secrets, and patents. Primary emphasis will be on copyright since that is the area of intellectual property most relevant to the entertainment industry.

 

Learning Outcomes:  After completing this course, students will be able to: (1) Identify and distinguish the types of intellectual property (i.e., copyrights, patents, trademarks and trade secrets); (2) Describe how intellectual property law applies to the music and entertainment industry; (3) Debate the philosophical rationales for intellectual property law; (4) Explain the importance of intellectual property to various businesses; (4) List the exclusive rights under copyright law as well as the main limitations on those rights; (5) Explain how intellectual property rights can be infringed; and (6) Describe and apply the fair use test under copyright law.

 

Performance Criteria: Students will: (1) Demonstrate an understanding of intellectual property, including what is and is not protected by intellectual property law; (2) Distinguish between the types of intellectual property (i.e., copyrights, patents, trademarks and trade secrets); (3) Interpret and apply important provisions of intellectual property law to actual and hypothetical situations; (3) Describe and defend justifications for and criticisms of intellectual property; (4) Compare and contrast the ways in which the U.S. and other countries view and protect intellectual property; (5) Investigate, evaluate and critique controversial issues involving intellectual property with specific emphasis on the ways in which intellectual property affects the music and entertainment industry. 

 

Honor Code:  It is the responsibility of each student to abide by the Belmont University Honor Code.  AIn affirmation of the Belmont University Statement of Values, I pledge that 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 of the disability during this course, please notify the Office of the Dean of Students located in Beaman Student Life Center (460-6407) as soon as possible.

 

Course Requirements:

 

1.  Attendance:  The policies of the current Belmont University Undergraduate Bulletin apply to this class (i.e., ABelmont University is committed to the idea that regular class attendance is essential to successful scholastic achievement. 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=). Regular class attendance is expected and 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. Please do not ask me how many absences you have during the semester since I do not total absences until after the last class session.

 

2.  Materials:  Moser on Music Copyright, David J. Moser, ArtistPro Publishing/Thompson Course Technology, 2006.  Additional course materials (assignments, lecture notes, exam study guides, etc.) will be posted throughout the course on my website at www.copyrightguru.com/belmont_classes/index.htm (click the Intellectual Properties link). Note: This is my personal website and not part of WebCT or Blackboard so bookmark the page for future reference.

 

3.  Assignments:  You will be required to complete three assignments, some of which will involve working in small groups.  Some assignments will require you to read, analyze and summarize court decisions involving intellectual property disputes. You may also be required to discuss cases summarized in class.  Instructions for each assignment will be provided.  It is your responsibility to make sure you complete and turn in assignments (and any take-home exams) by the due date.  Late assignments (or take-home exams) will result in a grade deduction of 5 points for each day late and will not be accepted at all 5 days after the due date (please note that a week consists of  7 consecutive days and each day late is one day regardless of the number of class sessions per week).

 

4.  Testing:   There will be 4 exams given throughout the semester (on the dates specified below). The format for exams will consist of some or all of the following: multiple choice, true/false, matching, and/or short answer questions.  Exam questions may cover terminology, concepts, and application of concepts (requiring you to apply what you have learned rather than merely repeating it). If you miss an exam, the final exam may be counted in its place (makeup exams are otherwise not allowed). The Final Exam will be comprehensive as required by College policy and will take place on the date specified by Belmont University.  UNIVERSITY POLICY DOES NOT ALLOW ME TO CHANGE THIS DATE AND ANY EXCEPTIONS MUST BE APPROVED IN WRITING BY THE PROVOST. 

 

5.  Basis of grade evaluation: The grading system specified in the current Belmont University Undergraduate Bulletin applies to this class.  Your grade will be based on your participation and performance in this class as measured by the items specified below:

 

Item                             Percent of Grade          Date

 

Exam #1                                    15                     2/7 (MWF) & 2/8 (R)

Exam #2                                    15                     2/28 (MWF) & 3/1 (R)

Exam #3                                    15                     3/28 (MWF) & 3/29 (R)

Exam #4 (Final)                         20                     See top of page 1 for dates & times

Assignment #1                           15                     1/24 (MWF) & 1/25 (R)

Assignment #2                           10                     2/21 (MWF) & 2/22 (R)

Assignment #3                           10                     3/21 (MWF) & 3/22 (R)                                    

 

Extra Credit: Extra credit projects will not be allowed although I reserve the right to give a small amount of extra credit for outstanding participation.  For example, if your course grade based on graded materials is an 88 or 89, it could be rounded up to 90 depending on your attendance and participation.

 

6.  Class Schedule:  A tentative weekly schedule is included below with corresponding reading assignments.  Although I have attempted to plan the schedule on a weekly basis, it may be necessary to adapt this schedule during the course of the semester. I will announce any significant changes by e-mail and/or in class.

 

7.  Reading Assignments & Participation: Assigned reading for each topic is specified in the Course Schedule below.  You are expected to come to class prepared to participate in class discussions.  Participation includes the responsibility of having read any assigned materials prior to class.  You should expect to spend at least several hours a week outside of class reading assigned materials, working on assignments, and reviewing information covered in class. Take an active role by thinking critically about what you read, questioning and examining alternative viewpoints. Additional reading materials may be assigned in class, by e-mail and/or posted on the course website.

 

8.  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 (whether now known or hereafter in existence) during exams or assignments is strictly prohibited unless I give specific permission otherwise (e.g., a take-home exam or assignment requiring you to use Internet resources, etc.). Cellphone 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.

 

9.  Questions/Problems/Concerns: If you have any questions, problems or concerns about this class at any time, I encourage you to meet with me to discuss them. You can also contact me by e-mail, but e-mail is not always the best means of communication (sometimes it is more productive and easier to talk face-to-face than trading e-mail messages).

 

 

 

COURSE SCHEDULE

 

Although I have attempted to plan the Course Schedule on a weekly basis, it may be necessary to adapt this schedule somewhat during the course of the semester.  Since the text only briefly covers types of intellectual property other than copyright, I have listed online reading materials to supplement the text for these topics.  Exam & Assignment dates are specified above.

 

Date                 Topic Description                                              Reading Assignment                           

 

Week 1             Introduction to Course                                        www.copyrightguru.com/unitedstateslegalsystem.html 

1/10-1/12                                                                                  http://usinfo.state.gov/dhr/democracy/u.s._legal_system.html -

Follow links through this 8 page tutorial which is intended to give you a basic overview of the U.S. legal system.

 

1/15                  Martin Luther King Holiday

 

Week 2             Introduction to IP:                                              Ch. 1 (p. 8-10)

1/16-1/19                                                                                                                                   

 

Week 3             What is IP?                                                        Online Lecture Notes     

1/22-1/26                     

 

Week 4             Trademarks                                                       Online Lecture Notes, p. 1-15     

1/29-2/2                                                 

 

Week 5             Trademarks (cont.)                                            Online Lecture Notes, p. 16-22

2/5-2/9                          - Domain Names & Cybersquatting          www.keytlaw.com/urls/acpa.htm           

Patents & Trade Secrets

 

Week 6             What is Copyright?                                             Ch. 1

2/12-2/16          History of Copyright                                          Ch. 2

 

Week 7             Subject Matter of Copyright                                Ch. 3 (p. 22-31)

2/19-2/23                                                                     

 

Week 8             Subject Matter of Copyright                                Ch. 3 (p. 31-40)

2/26-3/2            Ownership of Copyright                                      Ch. 4 (p. 42-52)

 

3/5-3/9              Spring Break

 

Week 9             Ownership of Copyright                                      Ch. 4 (p. 52-62)

3/12-3/16          Duration of Copyright                                         Ch. 8                           

 

Week 10            Reproduction Right                                             Ch. 5

3/19-3/23          Derivative Right                                     Ch. 6 (p. 78-82)

 

Week 11            Distribution Right                                               Ch. 6 (p. 82-86)            

3/26-3/30          Performance & Display                                       Ch. 7

 

Week 12            Copyright Registration & Notice                          Ch. 9

4/2-4/4              International Copyright Protection                        Ch. 13

 

4/5-4/6              Easter Break

 

Week 13            Copyright Infringement                                       Ch. 10

4/9-4/13

 

Week 14            Copyright Infringement (cont.)

4/16-4/20          Defenses to Infringement (Fair Use)                     Ch. 11 (p. 159-167)                   

 

Week 15            Remedies to Infringement                                    Ch. 12

4/23-4/27          Copyright & Digital Technology                           Ch. 14

 

Week 16            The Online Music War (cont.)                             Ch. 15

4/30-5/1