Copyright and Entertainment Law is an elective subject in undergraduate programs offered by the Faculty of Law. This subject examines in detail the copyright and creative arts aspects of intellectual property law. Attention will be given to the Copyright Act, concentrating on the most recent cases, as well as developments in the entertainment industry, in new technologies and new media and communication systems. The rights of entertainers, of producers of copyright products (books, films, sound recordings, videos) and of consumers will be considered. The protection of software by the Copyright Act will also be examined.
|Academic unit:||Faculty of Law|
|Subject title:||Copyright and Entertainment Law|
Delivery & attendance
|Prescribed resources:||No Prescribed resources. After enrolment, students can check the Books and Tools area in iLearn for the full Resource List.|
|[email protected] & Email:||[email protected] is the online learning environment at Bond University and is used to provide access to subject materials, lecture recordings and detailed subject information regarding the subject curriculum, assessment and timing. Both iLearn and the Student Email facility are used to provide important subject notifications. Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student.|
To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au
Assumed knowledge is the minimum level of knowledge of a subject area that students are assumed to have acquired through previous study. It is the responsibility of students to ensure they meet the assumed knowledge expectations of the subject. Students who do not possess this prior knowledge are strongly recommended against enrolling and do so at their own risk. No concessions will be made for students’ lack of prior knowledge.
Assumed Prior Learning (or equivalent):
Students must be admitted into a Bachelor law degree or Bachelor of Laws combined degree or be an approved Law Study Abroad OR Law exchange student.
This subject is not available as a general elective. To be eligible for enrolment, the subject must be specified in the students’ program structure.
Assurance of learning
Assurance of Learning means that universities take responsibility for creating, monitoring and updating curriculum, teaching and assessment so that students graduate with the knowledge, skills and attributes they need for employability and/or further study.
At Bond University, we carefully develop subject and program outcomes to ensure that student learning in each subject contributes to the whole student experience. Students are encouraged to carefully read and consider subject and program outcomes as combined elements.
Program Learning Outcomes (PLOs)
Program Learning Outcomes provide a broad and measurable set of standards that incorporate a range of knowledge and skills that will be achieved on completion of the program. If you are undertaking this subject as part of a degree program, you should refer to the relevant degree program outcomes and graduate attributes as they relate to this subject.
Subject Learning Outcomes (SLOs)
On successful completion of this subject the learner will be able to:
- Familiarise the basic structures, principles and core provisions of the Copyright Act relevant to entertainment industries.
- Problem solve issues spotting across a range of issues within those aspects of copyright law relevant to the entertainment industries.
- Familiarise and understand the emerging issues in copyright law (eg internet-based copyright exploitation and infringement; liability of intermediaries such as ISPs; digital copyright issues).
- Understand some basic legal issues in the entertainment industries such as celebrity rights and privacy.
|*Class Participation||Class Participation||20%||Ongoing||1, 2, 3, 4.|
|Essay||Written Assignment on Topic settled with the Lecturer||30%||Week 11||1, 2, 3, 4.|
|Take-home Examination||Take-home exam||50%||Week 12||1, 2, 3, 4.|
- * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
- C = Students must reach a level of competency to successfully complete this assessment.
|High Distinction||85-100||Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking.|
|Distinction||75-84||Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas.|
|Credit||65-74||Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above.|
|Pass||50-64||Usually awarded to students whose performance meets the requirements set for work provided for assessment.|
|Fail||0-49||Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines.|
For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.
Students must check the [email protected] subject site for detailed assessment information and submission procedures.
Policy on late submission and extensions
A late penalty will be applied to all overdue assessment tasks unless an extension is granted by the subject coordinator. The standard penalty will be 10% of marks awarded to that assessment per day late with no assessment to be accepted seven days after the due date. Where a student is granted an extension, the penalty of 10% per day late starts from the new due date.
Policy on plagiarism
University’s Academic Integrity Policy defines plagiarism as the act of misrepresenting as one’s own original work: another’s ideas, interpretations, words, or creative works; and/or one’s own previous ideas, interpretations, words, or creative work without acknowledging that it was used previously (i.e., self-plagiarism). The University considers the act of plagiarising to be a breach of the Student Conduct Code and, therefore, subject to the Discipline Regulations which provide for a range of penalties including the reduction of marks or grades, fines and suspension from the University.
Feedback on assessment
Feedback on assessment will be provided to students within two weeks of the assessment submission due date, as per the Assessment Policy.
Accessibility and Inclusion Support
If you have a disability, illness, injury or health condition that impacts your capacity to complete studies, exams or assessment tasks, it is important you let us know your special requirements, early in the semester. Students will need to make an application for support and submit it with recent, comprehensive documentation at an appointment with a Disability Officer. Students with a disability are encouraged to contact the Disability Office at the earliest possible time, to meet staff and learn about the services available to meet your specific needs. Please note that late notification or failure to disclose your disability can be to your disadvantage as the University cannot guarantee support under such circumstances.
Additional subject information
Students may be asked to respond to questions from the subject coordinator regarding the content of their assessments. Students are expected to keep evidence of drafting and research.
Copyright in works: how does copyright arise in literary, musical and dramatic works; Copyright in films, sound recordings and broadcasts; Other parts of the Copyright Act relevant to entertainment industries.
Rights and infringement of copyright in works; the reproduction right; communication to the public right; literary, dramatic and musical works.
Rights and infringement of copyright in subject matter; the reproduction right; communication to the public right; films, sound recordings and broadcasts.
General defences to copyright infringement, in particular fair dealing; both in relation to Works and subject matter other than works.
Introduction to the concept of moral rights, moral rights vs exploitation rights; The recent introduction of moral rights in Australia; Moral rights issues and cases in the entertainment industry.
The right of pubic performance; Performers rights provisions; Recent changes to performers' rights provisions
Copyright in ideas: Format rights - protection and copyright in dramatic works; in the television industry. Formats for game shows and reality television Protection for public events (eg fireworks, public sports events). The law of confidential information as relevant to formats.
Passing off as applicable to celebrity image; registration of trade marks. The tort of invasion of privacy; the equitable action of breach of confidence.
Exploitation of literary works in the entertainment industry: license and assignment. Literary agency contracts; Options contracts; Publishing contracts.
Publishing contracts; Recording contracts; Management contracts.
Complex contracts relating to film production; Literary works exploited in films; Musical works exploited in films