Outline

Overview

This unit covers copyright and designs law, both recognised branches of intellectual property law. Their existence is often justified on the presumption that they encourage the exercise of creative innovative skill and labour. The protection these areas of law provides is said to enable commercial exploitation of the resulting creations or designs. This unit focuses on the requirements for the copyright and design protection and investigates the bases upon which infringement action can be brought. Although the unit of study will emphasise copyright and design legal doctrine (legislation and case law), it is also recognised that the deployment and regulation of intellectual property have their basis in policy rationales, seek to promote certain policy goals and inevitably have substantial cultural, technological and economic consequences, which in turn inform and shape the development of legal doctrine. So, for example, Gone With The Wind, as a literary work still under copyright, is simultaneously an asset with a monetary value, a cultural object to which people have deeply emotional responses, and the focus of a civil rights activism which demands the right to engage with, and critique the work. There will, accordingly, be some attention paid in this unit to the cultural, technological and economic consequences of intellectual property laws, to the significance of access to the public domain and the the effects if industry interests and international trade pressure in the area. Australian Indigenous Intellectual and Cultural Property and Indigenous perspectives on IP are also discussed.

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	None
Corequisites ?	None
Prohibitions ?	LAWS3033 or LAWS3423 or LAWS3480
Assumed knowledge ?	None
Available to study abroad and exchange students	Yes

Teaching staff

Coordinator	Kimberlee Weatherall, kimberlee.weatherall@sydney.edu.au
Lecturer(s)	Kimberlee Weatherall, kimberlee.weatherall@sydney.edu.au

Assessment

The census date for this unit availability is 2 September 2024

Details
Criteria

Type	Description	Weight	Due	Length
Presentation	Presentation Presentation on tutorial question	0%	Ongoing	Ongoing
Outcomes assessed:
Assignment	Written assessment following presentation (40%) Written assessment following presentation	40%	Ongoing	2000 words / one week
Outcomes assessed:
Short release assignment	Final assignment (60%) Problem questions and/or essay.	60%	Week 13 Due date: 31 Oct 2024 at 16:00 Closing date: 03 Nov 2024	4000wds / 72 hrs
Outcomes assessed:

Assessment summary

Presentation (Compulsory, unmarked 0%): Students are required to:

read cases and materials on the topic for their on-call class, and be ready to discuss all the exercises and written response questions allocated to their seminar. These are provided at the start of the semester in the Problems and Exercises Pack.
post one comment on the Discussion board, providing a response to one or more of the questions for the class. The comment must be posted by 5pm on the day before class, to enable the lecturer to read and prepare for class.
engage with the lecturer during the relevant class, and answer questions about the exercises and questions. The teacher may call on them for their views as a starting point for class discussion of the questions.

Students who miss their allocated class will require special consideration applied for and granted in the usual way, in which case an alternative should be negotiated with the relevant lecturer: it could be participation on the Discussion Board and submission of written work, or it could be doing a different seminar later in the Semester. It is the responsibility of the student to talk to their lecturer to negotiate an alternative.

Sign up for on-call classes will be via a Google Doc on Canvas. An announcement will be published once sign up is open. The number of people for each question will be capped, so be sure to sign up early if you feel strongly about what question you do.

Written response (40%): 2000 words (excluding references), following the presentation. The written answers must be prepared alone and submitted via Canvas within one week of the class at which you present. You will be expected to explicitly draw on the in-class discussion in writing up your response.

Final short release assignment (60%): 72 hr assignment in week 13. Released by 4pm, 28 October 2024 (Sydney, Australia time); due by 4pm, 31 October 2024 (Sydney, Australia time). Comprised of problem questions and/or essay questions. Limit of 4000 words (excluding references). Referencing in accordance with AGLC version 4; do not include a bibliography.

Word count penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 5% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude: bibliography; footnote numbers; footnote citation; cover page and include: body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.

Use of editors or proof-readers: In completing unsupervised assessments, students may use editors, proof-readers, and automated writing tools (including translation software, grammar checkers, reference generators and artificial intelligence), provided that all use is acknowledged and consistent with University policies and procedures including Academic Integrity Policy. Acknowledgment must be made in writing on the front of the work submitted for assessment, or in an appropriate footnote or other reference, and state the name of the person or software. See Canvas for more detail.

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate.

Assessment requirements to pass a unit of study: A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2021 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name	Mark range	Description
High distinction	85 - 100	• Completely answers the question. • Contains striking originality of approach or analysis. • Demonstrates exhaustive or innovative research (where independent research required). • Exceptionally well written, structured and expressed. • Is otherwise exceptional in some way.
Distinction	75 - 84	• Completely answers the question. • Achieves a critical and evaluative approach to the issues. • Content and structure is well organised in support of the argument. • Demonstrates extensive research and analysis to support a well-documented argument. • Generally well expressed and free from errors. • Has a clear structure and is well articulated.
Credit	65 - 74	• Covers main issues fairly well in answering the question. • Contains no significant errors • Demonstrates an attempted critical approach to the issues. • Demonstrates reasonably sound research and analysis in addressing the key issues. • Has a clear structure and reasonably clear expression.
Pass	50 - 64	• Identifies the key issues, but does not follow through with a reasoned argument. • Contains some significant errors. • Displays satisfactory engagement with the key issues. • Offers descriptive summary of material relevant to the question. • Superficial use of material, and may display a tendency to paraphrase. • Demonstrates little evidence of in-depth research or analysis. • Adequate expression. • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.
Fail	0 - 49	• Does not answer the question. • Contains significant or numerous errors. • Few or no identifiable arguments. • Content that is inappropriate or irrelevant. • Lack of research or analysis. • Difficult or impossible to understand through poor grammar, expression or structure. • Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see Guide to Grades.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

Deduction of 5% of the maximum mark for each calendar day after the due date.
After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 5% of the total marks available for the piece of assessment per 24 hr period or part thereof (as indicated by the SpeedGrader default in Canvas). Late penalties do not apply to exams and any late submissions will not be accepted.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Learning support

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Support for students

The Support for Students Policy 2023 reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy 2023. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

Weekly schedule

WK	Topic	Learning activity
Week 01	Introduction to IP; Introduction to Copyright Reasons for copyright; philosophical rationales	Seminar (2 hr)
Week 01	Traditional knowledge; indigenous ways of thinking about ownership and control of culture	Seminar (2 hr)
Week 02	Criteria for subsistence; originality	Seminar (4 hr)
Week 03	Subject Matter	Seminar (4 hr)
Week 04	Ownership and Exploitation	Seminar (2 hr)
Week 04	Infringement - general principles	Seminar (2 hr)
Week 05	Economic Rights	Seminar (4 hr)
Week 07	Authorization (offline)	Seminar (2 hr)
Week 07	Infringement Online	Seminar (2 hr)
Week 08	Exceptions to Infringement	Seminar (4 hr)
Week 09	Moral Rights and Performers' rights	Seminar (2 hr)
Week 09	Remedies and enforcement	Seminar (2 hr)
Week 11	Introduction to Design Law	Seminar (2 hr)
Week 11	Design Law and the Copyright/Design Overlap	Seminar (2 hr)
Week 12	New frontiers: AI, copyright and bringing it all together	Seminar (2 hr)
Week 12	Revisions, questions, and Problem Practice	Seminar (2 hr)

Attendance and class requirements

Attendance:All students are required to attend at least 70% of classes to satisfy the pass requirements for each unit of study. Failure to meet this requirement may result in a student being precluded from undertaking the final assessment.

Referencing:The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer. A link to the library website where this is set out comprehensively is available at Referencing and Citation Styles: AGLC4.

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

Kathy Bowrey, Michael Handler, Dianne Nicol, Jane Nielsen and Kimberlee Weatherall, Australian Intellectual Property (3rd ed) (Oxford University Press, 2021)

As the rights you will be studying are creatures of statute, you will need to acquire the Copyright Act 1968 and the Designs Act 2003 and will need also to refer to various treaties including TRIPS and the Australia-US Free Trade Agreement, Chapter 17.

Students may choose to obtain access to the legislation via the Federal Register of Legislation https://www.legislation.gov.au/ or www.austlii.edu.au. Australia’s IP legislation and treaty obligations are usefully collected in the LexisNexis Legislation Series: Intellectual Property Collection 2020 (Publisher: LexisNexis; ISBN: 9780409351668; Published: December 2019).

Learning outcomes

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

Outcomes
Graduate qualities

At the completion of this unit, you should be able to:

LO1. describe the structure of the Australian copyright system
LO2. describe the policy goals of copyright law, evaluate how well copyright serves those goals, and analyse how those policy goals apply in the context of technological and economic change
LO3. apply the legislation and case law relating to copyright in Australia to new fact scenarios
LO4. resolve questions of interpretation in copyright drawing on legislation, case law, and copyright's policy goals
LO5. describe the structure and policy goals of registered design law in Australia
LO6. apply the legislation and case law relating to designs in Australia to new fact scenarios
LO7. describe and apply to new fact scenarios the rules relating to the overlap between copyright and design law in Australia
LO8. describe the system of international intellectual property treaties and how they impact on Australian intellectual property laws (in particular, copyright and designs)

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1	Depth of disciplinary expertise Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.
GQ2	Critical thinking and problem solving Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.
GQ3	Oral and written communication Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.
GQ4	Information and digital literacy Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.
GQ5	Inventiveness Generating novel ideas and solutions.
GQ6	Cultural competence Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.
GQ7	Interdisciplinary effectiveness Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.
GQ8	Integrated professional, ethical, and personal identity An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.
GQ9	Influence Engaging others in a process, idea or vision.

Outcome map

Learning outcomes	Graduate qualities
Learning outcomes

Responding to student feedback

This section outlines changes made to this unit following staff and student reviews.

No changes for 2024.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Support for students

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS5180: IP: Copyright and Designs

Semester 2, 2024 [Normal day] - Camperdown/Darlington, Sydney

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Support for students

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect