Course # / Title:

MBU 3520, INTELLECTUAL PROPERTY

Semester:

SPRING 2008

Instructor:

DAVID J. MOSER, B.F.A/J.D.

Instructor Contacts:

460-5439; moserd@mail.belmont.edu

Instructor Office Hours:

MW 10:00-12:00; Th. 1:00-2:00 & 3:00-4:00; Other times by appointment

Course Credit:

3 SEMESTER HOURS

Class Location:

MC200A

Meeting Time(s):

SECTION 04: MWF 1:00-1:50; SECTION 05: MWF 4:00-4:50

Final Exam:

SECTION 04: FRIDAY, DEC. 7, 2:00 p.m.; SECTION 05: MONDAY, MAY 5, 5:30 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: MBU 3520. Intellectual Property (3). 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.

 

Learning Outcomes: Students will analyze and compare the different types of intellectual property, examine relevant provisions of intellectual property law, and apply the knowledge acquired to current issues and controversies. Students will utilize and apply information and concepts covered in class by evaluating and critiquing intellectual property cases. Students will also demonstrate knowledge of course material through assignments involving written analysis and oral discussion.

Performance Criteria: Through a combination of in-class discussion and debate, outside class research and other assignments, students will: (1) Demonstrate an understanding of what constitutes intellectual property; (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.  “In 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:

 

A.  Attendance:  Class attendance follows university policy as stated in the current Undergraduate Bulletin.  Class participation is expected; attendance and absence will be noted. Absences exceeding 5 will result in a grade reduction. 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. 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.

 

B.  Materials:  Moser on Music Copyright, David J. Moser, ArtistPro Publishing/Thompson Course Technology, 2006.  Additional reading materials (such as articles on current issues) will be made available online or in class.

 

C.  Assignments: In addition to exams and quizzes, you are required to do various types of assignments for this course. Assignments will include: (1) a news story summary and in-class discussion; (2) a case study (done in small groups), with written summaries and in-class discussion; and (3) online discussion forums (assignments posted on Blackboard which you must post responses to). Specific instructions will be provided in class and/or online.

 

D.  Testing:   The midterm exam will cover information covered in the first half of the semester. The final exam will be comprehensive per College policy. In addition, there will be 12 short quizzes based on assigned reading material given throughout the semester, either in-class or online. Your 10 highest quiz scores will be counted. There will be no makeups for missed quizzes.  

 

E.  Basis of grade evaluation: Grading scale as per the current Undergraduate Bulletin.

 

            Item                             Percent            Date Due

 

Quizzes             30%                  Unannounced

News Story Summary    5%                   1/21

Case Study Summary    15%                  2/15

Midterm Exam               20%                  2/29

Final Exam                    30%                  Section 4: 5/7 at 2:00 p.m.; Section 5: 5/5 at 5:30 p.m.

 

F.  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, use of any such devices during exams or assignments is strictly prohibited unless I give specific permission otherwise (e.g., online exams, assignments requiring use of Internet resources, etc.). Cellphone use (i.e., calling and receiving calls or text messages, etc.) in class is prohibited since such activity can be disruptive to other students. All use of computers and other electronic devices is also subject to any applicable policies of Belmont University.

 

Class Schedule: The following is a tentative schedule which may be altered as necessary.

 

Week 1 (1/9-11)             Introduction to IP                                                          

 

Week 2 (1/14-18)           Introduction to Copyright                                               Ch. 1

                                    History of Copyright                                                      Ch. 2

 

Week 3 (1/22-25)           Subject Matter of Copyright                                           Ch. 3 (p. 22-31

-       No class 1/21 – MLK Holiday

 

Week 4 (1/28-2/1)          Subject Matter of Copyright                                           Ch. 3 (p. 31-40)

                                    Ownership of Copyright                                                 Ch. 4 (p. 42-52)

 

Week 5 (2/4-2/8)            Ownership of Copyright                                                 Ch. 4 (p. 53-62)

                                                           

Week 6 (2/11-15)           Duration of Copyright                                                    Ch. 8

                                    Copyright Registration & Notice                                     Ch. 9

 

Week 7 (2/18-22)           Exclusive Rights - Reproduction & Distribution               Ch. 5

 

Week 8 (2/25-29)           Exclusive Rights – Derivative, Public Perf. & Display      Ch. 6 & 7

 

Week 9 (3/3-7)               Copyright Infringement                                                  Ch. 10

 

Week 10 (3/10-14)          Infringement Remedies                                                  Ch. 12

                                    Infringement Defenses (Fair Use)                                   Ch. 11 (p. 159-167)

 

Week 11 (3/17-19)          Copyright & Digital Technology                                      Ch. 14  

                                    Online Music War                                                          Ch. 15 (p. 203-210)                                           

Easter Break (3/20-21)

 

Week 12 (3/24-28)          Spring Break

 

Week 13 (3/31-4/4)         Online Music War                                                          Ch. 15 (p. 211-223)

Trademarks                                                                   To be provided

 

Week 14 (4/7-11)            Trademarks                                                                   To be provided

 

Week 15 (4/14-18)          Patents & Trade Secrets                                                To be provided

 

Week 16 (4/21-25)          International IP Protection                                              Ch. 13 (p. 179-183)

 

Week 17 (4/28)              Wrap-Up & Review