Course # / Title:

MBU3520/Intellectual Property

Course Credit Hours:

3 Semester Hours

Semester:

SPRING 2009

Instructor:

David J. Moser, J.D./B.F.A.

Instructor Contacts:

Massey College of Business, Rm. 242; 460-5439 (office) or 498-3006 (cellphone); moserd@mail.belmont.edu

Instructor Office Hours:

M/W: 5:00-6:00; T/R: 3:00-5:00; Other times by appointment

Class Location:

Massey College of Business: Section 03: 200A; Section 04: 209A; Section 05: 110; Section 09: 203A

Meeting Time(s):

Section 03: MWF 1:00-1:50; Section 04: W 6:30-9:15; Section 05: MWF 4:00-4:50; Section 09: MWF 2:00-2:50

Final Exam:

Section 03: Friday, May 8 (2:00 – 4:00); Section 04: Wednesday, May 6 (7:00 – 9:00); Section 05: Friday, May 8 (7:00 – 9:00); Section 09: Monday, May 11 (2:00 – 4:00); Dates and times are per Belmont’s Final Exam Schedule and cannot be changed.

 

Course Description: MBU 3520. Intellectual Property (3). Prerequisite: MBU 1110 or EIS 1220. This course provides an in-depth 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, the area of intellectual property most relevant to the entertainment industry.

 

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: Quizzes testing basic comprehension of information; Midterm and final exam employing situational and problem analysis;  A collaborative case study analysis including a written summary and in-class discussion.

 

Testing & Assignments: There will be 2 exams (midterm & final) as well as 8 online quizzes given throughout the semester (on the dates specified below). 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 is mandatory.  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 THE INSTRUCTOR TO CHANGE FINAL EXAM DATES AND ANY EXCEPTIONS MUST BE APPROVED IN WRITING BY THE PROVOST.  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.  If you desire a high grade in the course, I strongly suggest that you do all of the work required, including taking exams, quizzes and doing assignments according to the due dates specified. 

 

Activity

Credit

Purpose/Description

1.  Quizzes (7 highest scores counted from 8 quizzes, each worth 5%)

35 %

Online quizzes will assess basic comprehension of assigned reading materials. Quizzes will include some or all of the following types of questions: multiple-choice, true/false, matching, and short answer. Due dates specified on Weekly Class Schedule below.

2.  Midterm Exam

25 %

Online or in-class exam will measure student’s knowledge of topics covered in class and assigned readings as well as the ability to analyze and apply knowledge gained from classes and readings. Exams will include some or all of the following types of questions: multiple-choice, true/false, matching, short answer, short essay. Due online by 3/4.

3.  Case Study

10 %

A 3-5 page summary of an intellectual property case and short essay answers to questions based on the case that will demonstrate the student’s application of knowledge gained from assigned readings, class discussion and original research. Students work in small groups and turn in a group summary and answers. Due 2/11 in class.

4.  Final Exam

30 %

A comprehensive exam measuring knowledge of topics covered in class and assigned readings as well as the ability to analyze and apply knowledge gained from classes and readings. Questions will include some or all of the following types of questions: multiple-choice, true/false, matching, short answer, short essay. See dates and times at top of page and on Weekly Class Schedule below.

 

Course & Classroom Policies:

 

Attendance & Participation: Class attendance follows university policy as stated in the current Undergraduate Bulletin.  Class participation is expected; attendance and absence will be noted. 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 Dean or Provost (professors do not have authority to excuse 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.

 

Materials: Moser on Music Copyright, David J. Moser, ArtistPro Publishing/Thompson Course Technology, 2006.  Additional reading materials will be made available online or in class.

 

Grade Evaluation:  As per CEMB policy, the grade assignment scale for this course is:

 

Grade

Percent (GPA)

     A

94 (4.0)

A-

90 (3.7)

 B+

87 (3.3)

     B

84 (3.0)

B-

80 (2.7)

     C+

77 (2.3)

     C

74 (2.0)

C-

70 (1.7)

Final grades below 70 % will not apply to the major.

 D+

67

     D

64

D-

60

     F

< 60

 

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.”

 

Electronic Device Policy: You are free to use notebook computers or other electronic devices (e.g., PDAs, etc.) in class to take notes (not for other purposes). 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.

 

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.

 

Class Schedule: The following is a tentative schedule which may be modified somewhat during the course of the semester.

 

Week 1                        Introduction to IP

(1/14-1/16)                  What is Copyright?                             Ch. 1

 

Week 2                        History of Copyright                          Ch. 2

(1/20-1/23)                  Subject Matter of Copyright               Ch. 3 (p. 22-27

                                    Quiz #1 due by 1/21

 

Week 3                        Subject Matter of Copyright               Ch. 3 (p. 28- 39)

(1/26-1/30)                  Quiz #2 due by 1/26

 

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

(2/2-2/6)                      Quiz #3 due by 2/2

                       

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

(2/9-2/13)                    Duration of Copyright                                    Ch. 8 (p. 109-112)

Quiz #4 due by 2/9

Case Study due 2/11 in class

 

Week 6                        Duration of Copyright                                    Ch. 8 (p. 112-119)

(2/16-2/20)                  Registration & Notice                         Ch. 9

                                    Quiz #5 due by 2/16

 

Week 7                        Reproduction & Distribution Rights  Ch. 5

(2/23-2/27)                  Quiz #6 due by 2/23

 

Week 8                        Derivative & Performance Rights       Ch. 6 & 7

(3/3-3/6)                      Midterm Exam (Online – due by 3/4)

 

3/9-3/13                       Spring Break

 

Week 9                        Copyright Infringement                      Ch. 10 (p. 138-152)

(3/16-3/20)                  Quiz #7 due by 3/16

 

Week 10                      Copyright Infringement                      Ch. 10 (p. 151-153)

(3/23-3/27)                  Infringement Remedies                      Ch. 12

                                    Quiz #8 due by 3/23

 

Week 11                      Fair Use                                               Ch. 11

(3/30-4/3)                    Copyright & Digital Technology        Ch. 14 (just skim p. 200-201)

 

Week 12                     

(4/6-4/8)                      Online Music War                               Ch. 15 (p. 203-210)

 

4/9-4/10                       Easter Break

 

Week 13                      Trademarks                                        

(4/13-4/17)                  http://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm#3

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

 

Week 14                      Trademarks

(4/20-4/24)                  http://copylaw.com/new_articles/trademrk.html

 

Week 15                      Patents & Trade Secrets

(4/27-5/1)                    http://topics.law.cornell.edu/wex/Patent

                                    http://www.marketingtoday.com/legal/tradesec.htm

 

Week 16                      International IP Protection                             Ch. 13 (p. 179-183)

(5/4)

 

5/6/09                          Section 04 Final Exam (7:00 – 9:00)

 

5/8/09                          Section 03 Final Exam (2:00 – 4:00)

Section 05 Final Exam (7:00 – 9:00)

 

5/11/09                        Section 09 Final Exam (2:00 – 4:00)