SYLLABUS

SYLLABUS

FALL 2005 SEMESTER

MBU 3520: INTELLECTUAL PROPERTIES

Note: Please read this syllabus thoroughly and retain it until the end of the semester since it contains information which should be useful to you in this course. By enrolling in this course and being supplied with a copy of this syllabus, you agree to be held subject to all of the requirements specified below.

Professor: David Moser

Phone: Office: 460-5439; Cellphone: 498-3006

Office: Massey School of Business, Room 219A

E-mail: moserd@mail.belmont.edu or dmose1@aol.com

Class Hours/Location: Section 01 MWF 9-9:50; Section 03 T/TH 12:30-1:45; Section 04 MWF 11-11:50

Office Hours: MW 1:00-3:00; T/Th 2:00-4:00; Other times available by appointment

COURSE DESCRIPTION: This course provides an overview of intellectual property law, the rationale for intellectual property protection, current issues involving intellectual property, and the role of intellectual property in the music and entertainment industry. The types of intellectual property covered will include copyrights, trademarks, trade secrets, and patents. The primary emphasis will be on copyright law since that is the area of intellectual property most relevant to the entertainment industry.

COURSE OBJECTIVES: This course is intended to give students an understanding of the different types of intellectual property and the ways in which intellectual property laws affect the music and entertainment industry. Students will gain a basic understanding of intellectual property and a detailed understanding of copyright law. The course will also examine how intellectual property law applies to issues affecting the entertainment industry in the past as well as current, controversial issues. I intend to create a classroom atmosphere open to questions, comments and learning in the hope of fostering a class that is interesting and as well as informative. However, I cannot do this alone. In order to get the most out of this class, you must be willing to do the required course work, participate and be prepared for class.

TEXT: Music Copyright For The Millennium, David J. Moser, published by ProMusic Press. Additionally, online reference materials are listed on the Course Schedule beginning on page 4 below and other materials may be assigned throughout the course.

E-MAIL & WEBSITE: From time to time, I will use e-mail to communicate with you outside of class. Please check your e-mail on a regular basis (i.e., at least once a week) throughout the semester to avoid missing any important information. I also maintain a website which includes a “course webpage” at www.copyrightguru.com/intellectual_properties.html where I will post certain materials relevant to this course (e.g., syllabus, assignment instructions, exam study guides, etc.). It is your responsibility to check for and read class e-mails and materials posted on the course webpage.

COURSE SCHEDULE: A tentative weekly Course Schedule is included below with corresponding reading assignments. Please note that although I have attempted to plan the Course Schedule on a weekly basis, it may be necessary to adapt this schedule somewhat during the course of the semester. I will announce any significant changes by e-mail and/or in class.

READING ASSIGNMENTS & PARTICIPATION: Assigned reading for each topic is specified in the Course Schedule included 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. If you do not keep up with the assigned reading, you will likely fall behind and your performance may suffer accordingly. Additional reading materials may be assigned in class, by e-mail and/or posted on the course webpage.

MOTIVATIONAL STATEMENT: It is ultimately your responsibility to learn the material covered in this course. As an instructor, I will exert my best effort to help you learn, but I cannot make you do so. If you are unwilling to devote your time and effort, you will likely not get much out of this class no matter what I do. On the other hand, if you make at least a reasonable effort, you should certainly be able to develop a better understanding of the course subject matter and hopefully have some practical knowledge and skills that may benefit you in the future.

Suggestions For Class Performance

1. Attend class regularly

2. Do the assigned reading before class

3. Take notes during class

4. Use the study materials I make available online (e.g., notes, review materials, etc.)

5. If you have questions or do not understand something covered in class, please feel free to ask me. I encourage you to come to my office with any questions and/or concerns you may have. Although I don’t mind you contacting me by e-mail, I prefer to address any questions you have in person since its generally a more efficient way to do so.

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 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. However, if your cellphone rings during class, I will be happy to answer it for you and take a message since I am here to serve you. All use of computers and other electronic devices is also subject to any applicable policies of Belmont University.

ATTENDANCE: The policies of the current Belmont University Undergraduate Bulletin apply to this class (i.e., “Belmont 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 an attendance sheet will be distributed at the beginning of each class session. If you are not present at the beginning of class when attendance is taken, you will be counted as absent. Since Belmont’s policy allows for a significant number of absences without any direct penalty, I do not make any distinction between excused and unexcused absences. You do not need to inform me of the reason for absences and absences will not directly affect your grade for the course except: (1) The failure to attend class on any exam date without my prior approval will result in a grade of 0 for such exam; and (2) exceptional attendance and participation may result in borderline grades for the course being rounded up (e.g., if your course grade based on exams and assignments is an 89, it would be rounded up to 90 giving you an A- rather than a B+for the course). 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.

GRADING: The grading system specified in the current Belmont University Undergraduate Bulletin applies to this class. Your grade will be based upon your scores on the items specified below:

Item Percent Date

Exam #1 20 10/11 (Section 03); 10/12 (Sections 01 & 04)

Exam #2 * 20 11/17 (Section 03); 11/18 (Sections 01 & 04)

Exam #3 20 Section 01 - Dec. 12 at 8:00 a.m.

Section 03 - Dec. 9 at 11:00 a.m.

Section 04 - Dec. 8 at 11:00 a.m.

Assignment #1 10 9/8 (Section 03); 9/9 (Section 01 & 04)

Assignment #2 10 10/6 (Section 03); 10/7 (Sections 01 & 04)

Assignment #3 20 11/14 (Section 01 & 04); 11/15 (Section 03)

* Exam #2 is a take-home exam which will be given out in class prior to the due date.

Exams: The format for exams will consist of some or all of the following: multiple choice, true/false, matching, short answer and/or essay questions. Exam questions may cover terminology, concepts, and application of concepts to hypothetical scenarios (requiring you to apply what you have learned rather than merely repeating it). 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 MW TO CHANGE THIS DATE AND ANY EXCEPTIONS MUST BE APPROVED IN WRITING BY THE PROVOST. NO EXCEPTIONS! AGAIN, NO EXCEPTIONS!!

Assignments: Instructions for each assignment will be provided in class, by e-mail, and/or on the course webpage. It is your responsibility to make sure you complete and turn in assignments (and any take-home exams) by the due date. Late assignments (or take-home exams) will result in a grade deduction of 10 points for each day late and will not be accepted at all 3 days after the due date (please note a week consists of 7 consecutive days and each day late is one day regardless of the number of class sessions per week).

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 class participation. For example, if your course grade based on exam and other graded materials is an 89, it could be rounded up to 90 giving you an A- rather than a B+for the course.

HONOR CODE: It is expected that students will abide by the Belmont University Honor Code at all times (see the Belmont University Bulletin for specific provisions).

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 Student Affairs (460-6407) as soon as possible.

DISCLAIMER/WAIVER: I may use hypothetical examples in class to illustrate and explain certain concepts. You understand and agree that the names of any individuals used in such examples are purely hypothetical and are not intended to represent any real or fictitious person, whether living, dead or in between. Any similarities, whether real or imagined, with any actual people are purely coincidental and you hereby waive and relinquish any and all claims and/or complaints you may have against the professor, his employer, heirs, assigns and dog in perpetuity throughout the universe.

• www.copyrightguru.com/unitedstateslegalsystem.html

• www.lectlaw.com/files/env02.htm

Week 2 Trademarks Ch. 1, pp. 9-11;

8/29-9/2 http://www.ggmark.com/whatis.html

What are trademarks? http://www.ggmark.com/howare.html

Reasons for TM law http://www.ggmark.com/protect.html

Types of Marks http://www.ggmark.com/guide.html

Duration of Protection

9/5 Labor Day - No Classes

Week 3 Trademark Searches

9/6-9/9 Trademark Registration www.uspto.gov/web/offices/tac/doc/basic/basic_facts.html

Trademark Infringement http://www.bitlaw.com/trademark/infringe.html

Trademark Dilution http://www.bitlaw.com/trademark/dilution.html

Domain Names & Cybersquatting http://www.keytlaw.com/urls/acpa.htm

Week 4 Patents http://profs.lp.findlaw.com/patents/patents_1.html

9/12-9/16 What are patents?

Types of patents

Duration of protection

How are patents acquired?

Trade Secrets http://profs.lp.findlaw.com/patents/patents_3.html

What are trade secrets?

Types of Information Protected

Duration of protection

Misappropriation

Week 5 What is copyright? Ch. 1

9/19-9/23 Why do we need copyright?

History of Copyright Ch. 2

Week 6 Subject Matter of Copyright Ch. 3

9/26-9/30

Originality

Expression

Fixation

Week 7 Ownership of Copyright Ch. 4

10/3-10/7

Initial Ownership

Joint Ownership

Works Made For Hire

Transfer of Ownership

Termination of Transfers

Week 8 Exam #1

10/10-10/12