Course # MBU3520/Intellectual
Property/Credit: 3
Semester:
Summer I 2007
Class
Location: MC203A
Instructor:
David Moser
Contacts: 460-5439 or 498-3006 (cellphone),
moserd@mail.belmont.edu
Office
Hours: M-F,
11:15-12:00; Other times available by appointment
Meeting
Time(s): M-F,
9:30-11:15
Final
Exam: 7/5/07
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) and/or on WebCT/Blackboard.
3. Graded Elements: There will be 2 exams (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 the first exam, the final
exam will 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. In addition to the exams, you will also be
required to do: (1) an online assignment (involving use of the Copyright Office
& Patent & Trademark Office websites); (2) a case summary (a summary of
an actual court case dealing with intellectual property issues) - This will be
done in groups of 2 and you may also be required to discuss the case in class;
and (3) you are required to participate in online Blackboard discussions by
responding to at least 4 posted question scenarios, at least one response per
week. More information will be provided
in class and online. Late assignments
and posts will result in a grade deduction 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).
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 20 6/15/07
Exam #2 (Final) 20 7/5/07
Online Assignment 20 6/26/07
Case Summary 20 6/15/07
Blackboard Online
Discussion 20 1 post per week minimum
Extra
Credit: Extra
credit projects will not be allowed although I reserve the right to give a
small amount of extra credit for outstanding attendance and 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 daily schedule is included below with corresponding reading
assignments. Although I have attempted
to plan the schedule on a daily 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 (e.g.,
e-mail, IM, MySpace, Facebook, etc.) 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 daily 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
6/4 Introduction to Course www.copyrightguru.com/unitedstateslegalsystem.html
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.
Introduction to IP: Ch.
1 (p. 8-10)
6/5 What is Copyright? Ch.
1
6/6 History of Copyright Ch.
2
6/7 Subject Matter of Copyright Ch. 3 (p. 22-31)
6/8 Subject Matter of Copyright Ch. 3 (p. 31-40)
6/11 Ownership of Copyright Ch. 4 (p.
42-52)
6/12 Ownership of Copyright Ch. 4 (p.
52-62)
6/13 Reproduction Right Ch.
5
6/14 Derivative & Distribution
Rights Ch. 6
6/15 Performance & Display Rights Ch.
7
Exam 1 Due (Blackboard)
6/18 Duration of Copyright Ch. 8
6/19 Copyright Registration &
Notice Ch. 9 (120-124)
6/21 International Copyright
Protection Ch. 13
Piracy Lecture
6/22 Copyright Infringement Ch. 10
6/25 Defenses to Infringement (Fair
Use) Ch. 11 (p. 159-167)
6/26 Remedies to Infringement Ch. 12
Online Assignment Due
6/27 Copyright & Digital
Technology Ch. 14
The Online Music War Ch. 15
6/28 Trademarks Online
Lecture Notes, p. 1-15
6/29 Trademarks
7/2 Trademarks (cont.) Online
Lecture Notes, p. 16-22
-
Domain Names & Cybersquatting www.keytlaw.com/urls/acpa.htm
7/3 Patents & Trade Secrets
7/5 Final Exam