BELMONT UNIVERSITY

 

MIKE CURB COLLEGE OF ENTERTAINMENT AND MUSIC BUSINESS

 

COURSE SYLLABUS

 

INTELLECTUAL PROPERTY

 

 

Course Title: INTELLECTUAL PROPERTY

 

Course #:  MBU 3520 Credit Hrs:  3hours     Semester:  Spring 2008

 

Class Location:           MC204              Section 1        Meeting Time(s):  8:00 AM, MWF

 

                                    MC109              Section 2        Meeting Time(s):  8:00 AM, T-TR

 

                                    MC204              Section 3        Meeting Time(s): 11:00 AM, MWF

 

                                    MC200B Section 6      Meeting Time(s):  9:30 AM, T-TR

 

 

FINAL EXAM:           Section 1          May 2, 2008, 8:00 AM (Friday)          

 

                                    Section 2          May 1, 2008, 8:00 AM (Thursday)

 

                                    Section 3          May 1, 2008, 11:00 AM

 

                                    Section 6          May 6, 2008, 8:00 AM (Tuesday)

 

Instructor:      Dr. Cheryl L. Slay

 

Contacts:         225 Barbara Massey Bldg.

                        Phone: 615-460-6534

                        Email:  slayc@mail.belmont.edu

 

Office Hours:  Mon., Wed., Fri. – 9:00-10:30 am; Other times available by appointment.                 

 

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 copyrights and trademarks in the context of the music industry.

COURSE OBJECTIVES:

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. 

 

 

GOALS OF THE MIKE CURB COLLEGE OF ENTERTAINMENT AND MUSIC BUSINESS:

 

The following objectives will be applied toward course completion:

 

 

·      To equip students with the tools to think critically, communicate effectively, accept responsibility, make successful decisions, and prosper in diverse work environments.

 

 

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.

 

COURSE REQUIREMENTS:

 

1.  Attendance:  Students are expected to attend all class meetings.  Absences will be dealt with in accordance with the policies of the current Belmont University Undergraduate Bulletin, as follows: Belmont University is committed to the idea that regular class attendance is essential to successful scholastic achievement. Absence is permitted only in cases of illness or legitimate cause.  Attendance is checked from the first class meeting, so late registrants will have some absences accrued when they first meet a class.  If you are not present at the beginning of class when attendance is taken, you will be counted as absent. In cases of legitimate absence from class, the student has the opportunity and responsibility to make up all class work missed.  If a class absence is necessary because of an activity by another class or university organization, the sponsor of the activity will give the Provost a list of participants in advance, and the students involved will obtain from the Provost an excuse to present to the instructor.  In case of absence for any other reason, the student will present his reason directly to the instructor.  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.” Appeal is to the Provost. (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:  The text books to be used will be Moser on Music Copyright by David J. Moser 2006, and excerpts from Trademark Infringement Remedies, Ed. Brian Banner 2006 (to be posted at the University web site or provided in hard copy).  There will be supplemental readings and materials which may be handed out or posted on my University web site as announced.  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.  Assignments:  You will be required to complete assignments and exercises throughout the course, some of which may involve working in small groups. Instructions for each assignment will be provided.  Additionally, there will be one (1) Group Project Assignment, reflected on the class schedule below.  It is your responsibility to make sure you complete the assignment on the date assigned.

 

4.  Participation and Reading Assignments: Students are expected to come to class prepared to participate in class discussions and exercises.  Participation includes the responsibility of having read any assigned materials prior to class, and analysis and presentations of current events and case law involving intellectual property.  Learning is an active process; accordingly, students are expected to take responsibility for learning the material through critical analysis, initiative, and diligence.  Class participation will count towards 10% of your grade.  Additionally, students who attend regularly, meet this requirement, and show a significant improvement in test scores may, at the exclusive election of the instructor, have their final grade adjusted slightly to reflect both the participation and the improvement. 

 

5.  Testing/Methods of Evaluation:  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. Any student who knows in advance of an unavoidable conflict with an exam or project date must notify the instructor prior to the class in question.  Failure to notify the instructor in advance may result in a zero for that exam or assignment.  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).  Make-up exams will not be given except in the event of extreme, unavoidable, verifiable circumstances.  There will be no take home exams.

 

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.  UNIVERSITY POLICY DOES NOT ALLOW ME TO CHANGE THIS DATE AND ANY EXCEPTIONS MUST BE APPROVED IN WRITING BY THE PROVOST. 

 

6. Basis of grade evaluation:

 

Exams (3)

45 points

Group Project

10 points

Class Participation

10 points

Final Exam

35 points

TOTAL

100 points

 

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-

 

Grades will NOT be curved.

 

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 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.

 

TENTATIVE CLASS SCHEDULE

 

Week  #

WEEK OF

SUBJECT

READING

 

 

 

 

1

January 9

Course Introduction

 

2

January 14

Introduction to Intellectual Property & Law

Online Lecture Notes

3

January 21

Martin Luther King, Jr. Holiday

 

3

January 22

What Is Copyright

Moser, Chapter 1, pp. 1-9

3

January 22

The History of Copyright

Moser, Chapter 2, pp. 11-18

4

January 28

Copyrightable Subject Matter

Moser, Chapter 3, pp. 22-40

5

February 4

Ownership and Duration of Copyright

Moser, Chapter 4, pp. 42-60; Chapter 8, pp. 109-119

5

 

Exam #1

Exam Dates: February 4 – Sections 1 and 3

                     February 5 – Sections 2 and 6

6

February 11

The Reproduction Right

Moser, Chapter 5, pp. 63-69

6

February 11

Derivative Rights

Moser, Chapter 6, pp. 78-84

7

February 18

Distribution Rights, cont’d., Public Performance and Display Rights

Moser, Chapter 6, pp. 78-84; Chapter 7, pp. 88-107

 

 

Group Assignment

February 18 – Sections 1 and 3

February 19 – Sections 2 and 6

8

February 25

Copyright Formalities (Registration and Notice)

Moser, Chapter 9, pp. 120-136; www.copyright.gov

8

February 25

International Copyright

Moser, Chapter 13, pp. 179-188

9

March 3

Infringement of Copyright

Moser, Chapter 10, pp. 138-153

10

March 10

Defenses to Infringement

Moser, Chapter 11, pp. 155-167

10

March 10

Remedies for Copyright Infringement

Moser, Chapter 12, pp. 169-178

10

 

Exam #2

Exam Dates: March 10 – Sections 1 and 3

                     March 11 – Sections 2 and 6

11

March 17

Copyright and Digital Technology

Moser, Chapter 14, pp. 190-202; Slay, MySpace or Whose Space Is it Anyway? (Article)

11

March 20-21

Easter Break

 

12

March 24-28

Spring Break

 

13

March 31

Online Music Issues

Moser, Chapter 15, pp. 203-222

13

March 31

Introduction to Trademark Rights

Banner, Chapter 1, pp. 1-1 thru 1-21; Chapter 3, pp. 3-1 thru 3-15

14

April 7

Trademarks Uses in Entertainment: Performance names, Domain names, Merchandising, Licensing

Handout

15

April 14

Trademark Infringement and Remedies

Banner, Chapter 2, pp. 2-1 thru 2-19; Handout

16

April 21

Trademark Registration

http://www.uspto.gov/web/offices/tac/doc/basic/

16

April 21

Trade Secrets & Patents

Handout

16

 

Exam #3

Exam dates: April 21 – Sections 1 and 3

                    April 22 – Sections 2 and 6

17

April 28

Wrap-Up & Review

 

 

* FINAL EXAM – SEE P. 1 OF SYLLABUS FOR FINAL EXAM DATES*