INTELLECTUAL
PROPERTY
MBU
3520.01 (3 credits)
MBU 3520.01 Tuesday,
Thursday 8:00 – 9:15 am Room MC 200A
Fall, 2005
Professors: Robert
L. Sullivan
Office: 1906
Acklen Avenue, Nashville, 37212
Phone: 615-749-8300
Email: rsullivan@loeb.com
Office Hours: By
appointment
Final Exam: Specified
time and date scheduled by Belmont University
Text/Materials: Copyright Law
by Richard Stim (2000), West Legal Studies
Thomson
Learning, Albany, New York, ISBN 0-82737-988-9
It
is required that students download Title 17 of the United States Code. This can be found at:
http://www4.law.cornell.edu/uscode/17/
or www.copyright.gov
Internet: The student will frequently be required to read from contemporary online news resources such as The New York Times (reading and downloading are free but registration is necessary), Wired, Tech Law Journal, Future of Music Coalition and others. The New York Times, Wired, Tech Law Journal and Future of Music Coalition can be found at:
Because many articles found online are posted for only 24 hours (especially those from The New York Times), students will have to read and/or download articles from the Internet in a timely manner, purchase the articles, or perform a Lexis Nexis search.
Intellectual
Property
MBU
3520
This course will introduce the student to the concepts, definitions, theories and practices of Intellectual Property (IP) along with the main subdivisons of IP – copyright, trademark, patent, unfair competition, trade secrets and right of publicity. The course will primarily cover copyright and copyright infringement, their history, development and present status, as well as the related concepts, definitions and practices of ideas, expressions of ideas, originality, creativity borrowing, paraphrasing interpolation, sampling and similarity especially with respect to music.
The student will also become familiar with the mechanics of a music
copyright infringement action – what happens after the
songwriter/artist/publisher suspects that his/her music has been infringed, the
roles and qualifications of the attorney and music expert, the evaluation of
the music involved the determination of the strength of a copyright
infringement suit, how discovery and depositions take place, what is involved
in a trial, an out of court settlement, how litigation can be avoided, and
other matters.
Class: Students are expected to have completed the assigned readings for each class before the beginning of each class. Students can expect to be tested for their comprehension of the assigned readings for each class at the beginning of each class meeting, or at any time during the class meeting.
Class attendance: Class attendance is very important as class discussions, questions, answers and lecture material are central to the course. Students are expected to be present when class begins and remain in class until its conclusion. Attendance for each class will be taken.
Students who arrive late on the day when a test or quiz is given will not be allowed to take the test or quiz.
Tests: Tests can only be made up if there is an excused absence, approved in advance by the professor or the Office of the Provost, and the professor is notified no later than twenty-four (24) hours after the exam was given. Failure to notify and/or provide a valid, written excuse if requested will result in a grade of zero.
Quizzes: Quizzes may or may not be announced. Quizzes cannot be make up.
Research Papers / In-Class Presentations: Students will be responsible for writing one (1) paper which, time permitting, will also be given as a brief (10-20 minute) in-class presentation.
The titles and topics of these research appears/presentations must be approved in advance by the professor.
Annotated Bibliography: Students must submit an annotated bibliography after his/her topic has been approved by the professor. This annotated bibliography must list and briefly describe each source – books, articles, websites, laws, interviews conducted by the student, etc. – that will be used in writing the paper.
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STUDENTS ARE STRONGLY
ENCOURAGED TO VISIT THE UNIVERSITY’S WRITING CENTER FOR ASSISTANCE IN FORMULATING
THEIR IDEAS, WRITING, PROOF READING AND EDITING THEIR PAPERS. INFORMATION ABOUT THE WRITING CENTER IS FOUND
HERE:
http://www.belmont.edu/english/dept.cfm?idno=200
_______________________________________________________________________
Dishonest Behavior/Cheating: Unless otherwise specified, all work by a student during the semester, inside or outside of the classroom, is to be done independently, i.e., a student’s work is to be his/her own and done without the aid of any person, book, notes, websites, etc. Any work not done independently is considered dishonest behaviour/cheating.
During quizzes and tests, ALL electronic and/or wireless/Wi-Fi devices (cell phones, PDA’s, laptops, etc.) must be turned off and placed on the floor below the student’s desk.
The class will adhere to the Belmont University Honor System, found at the following site:
http://www.belmont.edu/academics/honorsystem.htm
The Belmont University Student Honor Pledge is stated below:
“I will not give or receive aid during
examinations; I will not give or receive false or impermissible aid in the
course work in eh 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.”
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The Rehabilitation Act and the Americans with
Disabilities Act:
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 Tammye Tanksley, Director of Counseling & Developmental Support in the Office of the Dean of Students (615-460-6407) as soon as possible.
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Changes in Syllabus: In the event of unforeseen circumstances, the professor reserves the right to deviate from the syllabus.
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Outline of classes:
Week 1 Aug 25 Introduction
Week 2 Aug 30- Sept 1
Chapter 1: Copyrights and Intellectual Property
Chapter 2: Sources of Copyright Law
Week 2 Sept 6-8 Chapter 3: What is protectible Under Copyright Law
Chapter 4: Derivatives and Compilations
Chapter 5: What is Not Protectible Under Copyright Law?
Week 3 Sept 13-15 Chapter 6: The Bundle of Rights
Chapter 7: The Rights of the Public: First Sale and Fair Use
Week 4 Sept 20-22 Chapter 8: Educational and Library Uses
Sept 22 Exam
Week 5 Sept 27-29
Chapter 9: Artwork
Chapter 10: Musical Works and Sound Recordings
Chapter 11: Computers and the Internet
Week 6 Oct 4-6
Chapter 12: Authorship and Ownership of Copyright
Chapter 13: Works Made for Hire
Chapter 14: Duration of Copyright
Week 7 Oct 11-13
Chapter 15: Transfer of Copyright
Chapter 16: Copyright Research
Chapter 17: Copyright Notice
Week 8 Oct 18-20 Chapter 18: Registration and Choosing Correct Application
Chapter 19: Preparing the Copyright Application
Oct 20 Examination
Week 9 Oct 25-27 Chapter 20: Deposit Materials
Chapter 21: Processing, Correcting, and Canceling Registration
Week 10 Nov 1-3 Chapter 22: Copyright Infringement
Chapter 23: Defenses to Infringement
Chapter 24: Remedies of Copyright Infringement
Week 11 Nov 8-10 Chapter 25: Resolving a Copyright Dispute Without Litigation
Chapter 26: Litigation
Chapter 27: International Copyright
Week 12 Nov 15-17 Patents, Trademarks, Right of Publicity
Week 13 Nov 19-21 Patents, Trademarks, Right of Publicity
Nov 21- No Class
Week 14 Dec 1 Review for Final exam