MONASH UNIVERSITY FACULTY HANDBOOKS

Law Handbook 1996

Published by Monash University
Clayton, Victoria 3168, Australia

Authorised by Academic Registrar, April 1996


LAW5107

Copyright and designs 506

Mr M Davison

6 points + Three 1-hour classes per week + First semester + Clayton + Prerequisites: LAW3400

Objectives Students who successfully complete this subject should (1) have an appreciation of the policies and objectives underlying the laws of copyright and designs; (2) be in a position to comment critically on those policies and objectives and to relate them to proposals for law reform; (3) have acquired a sound knowledge of the subject matter that is eligible for protection under these laws, the requirements for obtaining such protection and its scope, once obtained; (4) be in a position to provide basic advice to owners and licensees of copyright and designs, as well as users of such material, on their rights and liabilities under the laws of copyright and designs; (5) have an appreciation of the basic features of the international rules governing the protection of copyright, designs and related rights; (6) have an appreciation of the impact of technological change on the formulation and protection of the rights studied; and (7) have enhanced their skills of case analysis, statutory interpretation and oral enunciation of legal issues.

Synopsis This subject relates to copyright and design protection. Copyright is concerned with the protection given to literary, dramatic, musical and artistic works, and to sound recordings, films, television and radio broadcasts, and published editions of works. Designs law gives protection to the work of the industrial designer n the development of designs for manufactured products. Among the topics to be studied are the justifications for protection, material in which copyright can subsist, duration of protection, the scope of the rights granted and infringement of those rights, ownership and exploitation of rights, defences, compulsory licensing and collective administration of rights, remedies, international arrangements, and the design-copyright overlap. Particular attention will be given to the application of traditional copyright and designs principles to new technologies, in particular the challenges that are now posed by the increasing convergence of technologies and the development of the `information superhighway'.

Assessment Written assignment (3000 words): 30% and final examination: 70% or final examination: 100%


| Subject list | Law Handbook | Monash handbooks | Monash University