Copyright claims are ubiquitous, covering everything from angst-filled teenage poetry to impersonal, algorithmic recreations of a Rembrandt masterpiece; from commercially lucrative musical compositions and digital code, to (potentially) priceless vampire fan fiction. This course is designed to introduce students to the universe of rules, theories, policies and controversies that characterize the Canadian copyright system which regulates monopoly interests in musical, literary, dramatic and artistic works. The course will examine questions such as: What is a copyright? When does it vest? How long does it persist? Who can be an author? And, what are the relevant rights and obligations? We will consider the relationship between the private expectation of owning one’s own work, and the public need for knowledge and information, and evaluate the legal and para-legal mechanisms through which this tension is controlled if not resolved in the context of technologies, old and new.
The majority of the course readings will be drawn from statutory code and judicial decisions. However, since copyright law plays a substantive role in our understanding of ownership, creativity, and cooperation in society, this course will pay substantial attention to the social, moral/political and economic theories that underpin the legal regime. While most cases and readings will be focused on the Canadian legal system, we will, as relevant, consider notable divergences in, and alternatives offered by, other legal systems, particularly the UK and the US.
Students will be expected to have read the prescribed materials listed on the syllabus before coming to class; in-class lectures will be modest and the discussions will place substantial emphasis on collected review and problem solving rather than the more-traditional one-way lecture. Specifically, the in-person classroom meetings, twice a week, will be divided into: (i) 1-hr lectures that are designed to review the rules and theories covered in the readings, and (ii) 1-hr application oriented, case-study discussions that are designed to rehearse applying the rules and theories on hypothetical fact situations).
Method of Evaluation:
Part I: an open-book final examination during exam period, designed to test students' knowledge of copyright law doctrine (50%). The exam will have a word limit.
Part II: a take-home essay assignment designed to test students' understanding of copyright theory and policy, due before the start of exam period (50%). The essay will have a word limit.