University of Technology Sydney

77903 Copyright Law

Warning: The information on this page is indicative. The subject outline for a particular session, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

Subject handbook information prior to 2025 is available in the Archives.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

Requisite(s): ((22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies OR 22 credit points of completed study in spk(s): C04264 Master of Legal Studies)) OR 77905c Preparing for Intellectual Property Practice OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law)
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses. See access conditions.
Anti-requisite(s): 76084 Intellectual Property: Copyright and Designs AND 78195 Copyright Law

Description

Copyright law deals with intangible, creative and informational assets. It is an area of growing commercial and cultural importance, that is frequently enmeshed in debate over the impact of changing technologies and economic and social practices. In this subject, students learn the principles of copyright law and develop an understanding of the doctrinal law of copyright in terms of the relevant statutory frameworks and their application in the case law. Students gain an understanding of where copyright law fits within the broader field of intellectual property law, as well as the international environment in which it operates. The subject provides an in-depth examination of what copyright law protects, how infringement occurs and how exceptions to infringement operate. It also covers the areas of moral rights and performers rights, and allows students to explore current issues, such as traditional cultural expressions and the challenges posed by rapidly changing technologies. Students also learn about dealings with copyright, litigation processes and remedies.

The subject combines a practical and theoretical approach which both enriches students' understanding of the complex public and private interests at play and prepares them for a career in legal practice or general commerce.

Accordingly, students develop legal knowledge and skills in critical analysis and evaluation, problem-solving and research skills. Together, these skills and knowledge enable students to critique theoretical, jurisprudential and policy issues as well as the laws, cases, practices and policies in this area.

Subject learning objectives (SLOs)

Upon successful completion of this subject students should be able to:

1. Understand and critically analyse and evaluate copyright law and practice in Australia and internationally;
2. Critically analyse and evaluate the factual, legal and theoretical issues relevant to contemporary policy debates and law reform in copyright law and practice in Australia and internationally, including the recognition, proper attribution and protection of Indigenous works and traditional cultural expressions;
3. Think critically and strategically in relation to commercial disputes in copyright law and practice and adopt a solution-focused approach to legal problems;
4. Construct and articulate logical, reasoned, persuasive and justifiable legal and scholarly arguments to resolve practical problems and issues in copyright law and policy, including the recognition, proper attribution and protection of Indigenous works and traditional cultural expressions;
5. Undertake independent research and analysis of emerging issues in copyright law in Australia and internationally including the recognition, proper attribution and protection of Indigenous works and traditional cultural expressions.

Course intended learning outcomes (CILOs)

This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:

  • Legal Knowledge
    An advanced and integrated understanding of a complex body of legal knowledge including:
    a. The Australian colonial and post-colonial legal system, international and comparative contexts, theoretical and technical knowledge;
    b. The broader contexts within which legal issues arise and the law operates including cultural awareness, social justice and policy;
    c. The principles and values of justice and ethical practices in lawyers' roles;
    d. The impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and
    e. Contemporary developments in law and its professional practice. (1.1)
  • Ethics and Professional Responsibility
    An advanced and integrated capacity to value and promote honesty, integrity, cultural respect, accountability, public service and ethical standards including:
    a. An understanding of approaches to ethical decision making;
    b. An understanding of the rules of professional responsibility;
    c. An ability to reflect upon and respond to ethical challenges in practice;
    d. A developing ability to engage in the profession of law and to exercise professional judgment; and
    e. An ability to reflect on and engage constructively with diversity in practice. (2.1)
  • Research Skills
    Specialist cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues including an ability to:
    a. Demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions; and
    b. Apply ethical research practices. (4.1)
  • Indigenous Professional Capability
    Juris Doctor graduates will:
    Critically reflect on the intersection between Indigenous perspectives, legal processes and professional practice to build capability to work for and with Indigenous Australians in a professional context. (7.1)

Teaching and learning strategies

Strategy 1: Learning through engagement with each Module

Preparation and reflection on the material presented in each Module is central to the learning in this subject. Each Module contains an overview of the module and the learning outcomes that must be attained by each student for that Module. In addition, each module contains key resources, including reading lists for text book reading, cases and short videos or podcasts guided activities and exercises designed to apply and consolidate understanding of key concepts and cases taught in the subject to consolidate learning and provide feedback to students. In order to pass this subject, students are required to complete all of the six Modules and undertake additional reading and research.

While self-managed learning offers choices about how and when to study, an effective time management strategy that nominates regular times each week for progressing in the six modules of this subject is essential for successful completion. Careful planning of study times, actively engaging with each module and monitoring their progress through the subject modules provides students with opportunities to reflect upon their learning and self-management skills.

Strategy 2: Collaborative learning by engaging in interactive activities and discussion in each Module and in the Zoom tutorials

The teachers and guest speakers will provide perspectives on the recommended readings and clarification of the law through videos and audio material. The ability to listen and think at the same time is a crucial skill for a lawyer or legal adviser, who will often need to master new information delivered orally and/or in writing and provide an intelligent response immediately. Students also engage with the material in each Module by asking and responding to questions, by participation in guided activities in each Module and by discussion. There will be three online videoconference tutorials conducted in Zoom in Weeks 5, 8 and 13. Discussion and various activities in each module and in the three Zoom tutorials will extend the ideas of the Modules in new directions or in greater depth. By actively participating in discussion and the activities in each Module and in the three Zoom tutorials, students are able to engage with the material in the Modules and to clarify understanding and challenge ideas.

Strategy 3: Learning legal skills: legal analysis and problem solving

The ability to solve legal problems is an essential skill for a legal adviser. Problem solving involves interpreting and analysing legislation and cases, and applying the legislation and principles developed through the case law to novel and difficult factual situations.

By engagement with the teaching material and the discussion tasks in each Module, students will develop their skills in legal analysis and problem solving by identifying relevant legal principles and assessing how they might apply to the facts with which they have been presented. They will be expected to identify commercially viable and practical solutions for a hypothetical client. Problem solving activities and also contribute to students’ development of skills in critical analysis and evaluation. This allows students to improve their skills of legal analysis as well as their ability to construct reasoned legal arguments and offer commercially-viable solutions to the problems of hypothetical clients, before attempting Assessment Task 1 short quiz and the problem on copyright infringement in Assessment Task 3 short problem question in this subject.

Strategy 4: Applying research skills

Students undertake independent research relevant to class discussion and assessment tasks using the UTS Library and databases guided by the library support material on legal research. This will require students to identify relevant case law and secondary material on their own. Being able to use the library and legal databases to find relevant material is a key skill for a lawyer. Critical reading and analysis of judicial and scholarly material are also crucial

The material in each Module and assessment tasks direct students to the key themes and arguments to look for in the subject materials, assisted by the UTS Library research support materials and databases. In this way, students develop and refine skills in identifying and synthesising relevant material and use this to make reasoned, logical, justifiable and persuasive arguments. They will apply these skills to Assessment Task 3 Short problem and Assessment Task 4 Research essay

Strategy 5: Feedback

Detailed guidance as to the assessment criteria and the provision of timely feedback are an important part of the learning process. This process is enhanced by the formative activities in each module, which inform and consolidate student learning of key concepts in copyright law before students attempt Assessment Tasks 1, 2, 3 and 4.

Feedback on the Assessment Task 1 short quiz and appropriate mastery paths within Canvas will also relate to general skills (such as legal analysis and problem solving as well as written expression) that will be relevant to the Assessment Task 3 Short problem question and Assessment Task 4 Research Essay. Formative feedback on legal analysis and problem solving of problems in copyright law is also provided during discussions in the Canvas Modules for the purpose of Assessment Task 2 Short Problem question and by formal written feedback on written answers to students in Assessment Task 3.

Subject Delivery

This subject is delivered entirely online within Canvas through six modules in the Canvas Learning Management System.

This subject is taught using Canvas, for both on campus students and for off campus students to provide instruction and discussion on the subject matter of each Module. In addition, there will be three live tutorial session delivered by Zoom videoconferencing in weeks 5, 8 and 13.

Not all topics will be covered in in-depth.

All students will participate in the online discussion forums in each Module in Canvas and will have the opportunity to participate in discussion during the live Zoom tutorial sessions.

Content (topics)

Module 1: Theories of copyright and fundamental concepts

Module 2: Authorship and ownership of copyright

Module 3: Economic rights and copyright infringement

Module 4: Exceptions to infringement, defences and remedies

Module 5: Neighbouring rights - moral rights and performers rights

Module 6: Commercialisation and dealings in copyright

Assessment

Assessment task 1: Quiz on fundamental concepts in copyright law

Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3 and 4

This task contributes specifically to the development of the following graduate attributes:

1.1, 2.1, 4.1 and 7.1

Weight: 10%
Length:

250 words (nominal)
Criteria:

Students must demonstrate an understanding of fundamental concepts in copyright law contained in Module 1 of the course before continuing onto other Modules in the course.

Assessment task 2: Class Participation

Intent:

Student participation in online discussions and group activities is designed to assist learning by enabling students to clarify and reinforce their understanding of the laws and principles of, and issues arising in, copyright law and practice.
Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3, 4 and 5

This task contributes specifically to the development of the following graduate attributes:

1.1, 2.1, 4.1 and 7.1

Weight: 10%
Length:

750 words (nominal)
Criteria:
  • Ability to identify relevant law and policy required to solve problem-based scenarios.
  • Critical thinking in relation to the issues raised in the Discussion questions.
  • Reflective, responsive and respectful attitudes towards other perspectives, including willingness to consider and engage with alternative viewpoints and, where relevant, to admit to lack of understanding or areas of confusion.
  • Clarity of expression, use of appropriate language and a demonstrated ability to formulate responses in clear and succinct terms.
  • Taking initiative in generating discussion, encouraging others to participate and raising pertinent questions, which contributes to a collaborative learning environment.

Assessment task 3: Problem question on copyright infringement

Intent:

This assessment is intended to give you experience in the authentic, everyday task of considering how the law would apply in a real life (hypothetical) scenario, and consider the advice you would provide to a hypothetical client on a problem raising issues of copyright infringement.
Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3 and 4

This task contributes specifically to the development of the following graduate attributes:

1.1, 2.1 and 4.1

Weight: 40%
Length:

2000 words plus/minus 200 words
Criteria:
  • Identify the relevant legislative provisions and case law applicable to the problem.
  • Identify relevant legal issues and demonstrate insight into the issues raised.
  • Critical analysis and evaluation of legal propositions and argument.
  • Coherent and logical analysis of legal issues.
  • Apply the relevant law to the facts in an articulate, reasoned and logical manner.
  • Articulate clear and coherent argument which is logically structured and supported by authority.
  • Strategic problem-solving offering viable commercial solutions.
  • Clear written expression with correct use of grammar, punctuation and spelling.
  • Correct uniform referencing and demonstration of judgement and responsibility in terms of academic integrity, in particular honest and complete acknowledgment of sources.

Assessment task 4: Research Essay

Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3, 4 and 5

This task contributes specifically to the development of the following graduate attributes:

1.1, 2.1, 4.1 and 7.1

Weight: 40%
Length:

2000 words plus/minus 200 words
Criteria:
  • Identification of relevant legal issues and demonstrated insight into the issues raised.
  • Critical analysis and evaluation of legal propositions and argument.
  • Coherent and logical analysis of legal, policy and theoretical issues
  • Comprehensive and appropriate consideration of relevant authorities and literature.
  • Articulation of a clear and coherent argument, which is logically structured and supported by evidence.
  • Clear written expression with correct use of grammar, punctuation and spelling
  • Correct uniform referencing and demonstration of judgement and responsibility in terms of academic integrity, in particular honest and complete acknowledgment of sources.

Required texts

Copyright Act 1968 (Cth), current version

Copyright Regulations 1969 (Cth)

Recommended texts

Other resources

1. Looseleaf Services/Online: through UTS LIbrary

  • Lahore, Intellectual Property in Australia: Copyright Law, LexisNexis
  • Ricketson S., The Law of Intellectual Property: Copyright, Designs and Confidential Information, Lawbook Company

2. Specialist Journals

  • Australian Intellectual Property Law Bulletin (IPLB)
  • Australian Copyright Council Bulletins
  • Australian Intellectual Property Journal (AIPJ)
  • European Intellectual Property Review (EIPR)

3. Websites