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Copyright Law

Module description

On the module, you will examine the legal rules and principles involved in copyright law. In addition to analysing the substantive laws, you will consider the underlying theoretical rationale of copyright law. You will look at several diverse issues, from the historical development of copyright law through to more recent issues, such as the rise of peer-to-peer file sharing. By drawing on a number of legal and non-legal materials, you will explore the complex social, economic and political context in which the copyright regulatory system operates. The module considers both US and UK law. The module requires a sound understanding of the principles of the legal system. There are, however, no specific pre-requisite or co-requisite modules that need to be undertaken. Any student may take the module, but it is best suited to those who have some existing legal knowledge.

Module aims - intentions of the module

The overarching aim of the module is to provide you with an understanding of the development of copyright law, and how this explains the operation of copyright law today. We will assess current case law and statute through a critical lens in terms of the alleged purposes of copyright. The course is designed to make you think critically about the function of copyright within society, so that you can understand the broader cultural complexities involved.

Intended Learning Outcomes (ILOs)

ILO: Module-specific skills

On successfully completing the module you will be able to...

• 1. Demonstrate detailed knowledge of the legal framework regulating stakeholders, namely right holders and users of copyright materials;
• 2. Demonstrate critical and comprehensive understanding of the way in which the copyright balance operates, with reference to both the theoretical and historical concerns;
• 3. Demonstrate detailed knowledge of the proposals for copyright reform, and the process by which these have come about;

ILO: Discipline-specific skills

On successfully completing the module you will be able to...

• 4. Demonstrate a high level of ability to develop, apply and critically assess international legal arguments, using a wide range of appropriate primary materials and advanced scholarship;
• 5. Demonstrate critical and systematic understanding of the relationship between the various forms of regulation, from statute through to norms;
• 6. Demonstrate an understanding of the theoretical justifications for copyright and their application within statute and case law;

ILO: Personal and key skills

On successfully completing the module you will be able to...

• 7. Demonstrate the ability to process and evaluate effectively a substantial body of complex and sometimes contradicting legal and non-legal information; and
• 8. Demonstrate the ability to take your learning of the law and apply it to real life situations.

Syllabus plan

Whilst the precise content may vary from year to year, it is envisaged that the syllabus will cover all or some of the following topics:

• Introduction to the principles of intellectual property law - outline and theory
• Copyright introduction, subsistence, infringement, and defences
• Digital copyright
• Moral rights
• Reform

Learning activities and teaching methods (given in hours of study time)

Details of learning activities and teaching methods

Formative assessment

Summative assessment (% of credit)

Details of summative assessment

Details of re-assessment (where required by referral or deferral)

Indicative learning resources - Basic reading

• Bainbridge, Intellectual Property Law, 10^th edition (Longman, 2018).
• Bently, L. and Sherman, B., Intellectual Property Law, 5^th edition (Oxford: Oxford University Press, 2018).
• Copinger and Skone-James, Copinger & Skone-James on Copyright, 17th edition (2016) available on Westlaw
• Cornish, Llewelyn & Aplin, Intellectual Property 9^th edition (Sweet and Maxwell, 2019)
• Deazley, R. Rethinking Copyright (EE, 2006)
• Edward Samuels, The Illustrated Story of Copyright (St Martins Press, 2000)
• Holyoak & Torremans, Intellectual Property Law, 9^th edition, (OUP, 2019)
• Jessica Litman, Digital Copyright: Protecting Intellectual Property on the Internet (Prometheus Books, 2001)
• Lawrence Lessig, The Future of Ideas: The Fate of the Commons in a Connected World (Random House, 2001)
• Lyman Ray Patterson, Copyright in Historical Perspective (Vanderbilt University Press, 1968)
• Brown, Kheria and Cornwell, Contemporary Intellectual Property, 5^th edition (OUP, 2019).
• Mark Rose, Authors and Owners: The Invention of Copyright (Harvard University Press, 1993).
• Peter Drahos, A Philosophy of Intellectual Property (Dartmouth, 1996).
• Richard H. Chused, A Copyright Anthology: The Technology Frontier (Anderson Publishing Co, 1998).
• Rosemary J Coombe, The Cultural Life of Intellectual Properties: Authorship, Appropriation, and the Law (Duke University Press, 1998)
• Tritton, G., (2002) Intellectual Property in Europe (London: Sweet & Maxwell).
• Vaidhyanathan, (2001) Copyrights and Copywrongs. The Rise of Intellectual Property and How it Threatens Creativity (New York: New York University Press).
• Van De Graaf, E. S. (1997) Patent law and Modern Biotechnology (Rotterdam: Gouda Quint).
• Vitoria, Laddie and Prescott, Copyright and Designs, 5^th edition, Lexis Nexis (2018)

Indicative learning resources - Web based and electronic resources

UK Intellectual Property Office: www.uk-ipo.gov.uk

AHRC funded Copyright History website: www.copyrighthistory.org

IP Kat (news website) www.ipkitten.blogspot.co.uk

Key words search

Copyright, intellectual property, law