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Informa

Postgraduate Diploma/Masters in UK, EU & US Copyright Law

100% satisfaction rate from students in the 2015 Postgraduate Experience Taught Survey

Course Commences: 2nd October 2017 (Application deadline: 4th September 2017)

Distance Learning

INTRODUCTION

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Historical Background, International Context and General Principles

Learning Outcomes

Copyright: its history and scope – national, international and regional regulation of copyright

UK COPYRIGHT LAW

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Copyright Subject Matter

Learning Outcomes

Categorisation of works
Specific categories of works
Related right subject matter

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Protection Criteria and Beneficiaries of Protection

Protection Criteria

Recording – originality – immoral works, infringing works – qualification

Beneficiaries of Protection

Authorship – employees

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Economic and Moral Rights

Learning Outcomes

Economic Rights
Reproduction, adaptation, distribution, rental and lending, performing and communication to the public

Moral Rights
Right of attribution – right against false attribution – right of integrity



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Limitations and Exceptions; Exercise of Rights and Control of the Exercise of Copyright

Learning Outcomes

Limitations and Exceptions
Overview and categorisation of exceptions – statutory exceptions: the fair dealing defences
– common law exceptions: the public interest defence

 

Exercise of Rights
Assignments and licences – transfers subject to a right of equitable remuneration – the role of collecting societies

 

Control of the Exercise of Copyright
Competition law – compulsory licences

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Infringement; Remedies, Penalties and Enforcement; Additional Legislative Features

Learning Outcomes

Infringement
Primary versus secondary Infringement – causal connection – liability for infringement

 

Remedies, Penalties and Enforcement
Civil remedies – criminal remedies

 

Additional Legislative Features
Devices designed to circumvent copyright protection – ISP Liability

UNITED STATES COPYRIGHT LAW

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United States Copyright Law

Learning Outcomes

General Overview
Introductory – historical background: constitutional provisions – The 1976 Copyright Act: its content and operation – Federal and State Laws: their interaction – U.S. membership of Berne Convention, TRIPS and other international instruments

 

Basis of Protection
The nature of copyright under the 1976 Act

 

Subject Matter of Protection
Idea/expression dichotomy – literary, dramatic, musical and artistic works – audiovisual works – sound recordings – performances – derivative works

 

Protection Criteria and Formalities
Fixation – originality – nationality/place of publication – formalities: registration, notice and deposit

 

Economic Rights
Copying, public performance etc – parallel imports

 

Moral Rights
Protection under the 1976 Act (artistic works) – other protection

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Limitations and Exceptions; Term of Protection; Exercise of Rights; Infringement; Remedies and Penalties

Learning Outcomes

Limitations and Exceptions
Fair use provisions – exhaustion of rights: first sale doctrine – compulsory licences

 

Term of Protection
General provisions: restoration of rights

 

Exercise of Rights
Assignment and licensing

 

Infringement
Causal connection, access, similarity etc – defenses – parodies – computer programs – internet issues

 

Remedies and Penalties

 

Additional Legislative Provisions and Current Issues:
Protection of database contents: Internet service provider liability U.S. and EU copyright law

FRENCH AND GERMAN LAWS

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General Outline of French and German Laws on Author's Rights and Related Rights

The civil law approach to copyright – analysis of the main features of the author’s right and related right provisions of the French Intellectual Property Code, 1992, and of the German Author’s Right Law, 1965

– main differences between the common law and civil law approaches to copyright

LAW OF THE EUROPEAN UNION

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Law of The European Union

Learning Outcomes

Introduction
Nature of the impact of EU law on copyright

 

Principles of Free Movement of Goods and Services and Competition Law
Article 34 and 36 TFEU – parallel imports and exhaustion of rights – Article 101 and 102 TFEU – licences and collecting societies – abuse of a dominant position in the context of refusals to license

 

Harmonisation Programme
Reasons for harmonising copyright – challenge in reconciling common law and civil law approaches

 

Satellite Broadcasting and Cable Retransmission Directive
Emission theory and communication theory contrasted – their resolution at an EU level – the additional problems of cable retransmission

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Law of The European Union (continued)

Learning Outcomes

Rental / Lending and Related Rights Directive
Reasons for the measure – rental and lending contrasted – related rights covered by the Directive

 

Term Directive and its Revision
Disparities in term and their consequences – the unintended consequence of harmonisation

 

Copyright in the Information Society Directive and Relationship to the WIPO Treaties and to the Other Copyright Directives
Originality – communication to the public – exceptions and reservations

 

Resale Right Directive

 

Orphan Works Directive

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Computer Program Directive and Database Directive

Learning Outcomes

Computer Program Directive
Legal protection of computer programs – subsistence of copyright in computer programs –
restricted acts and exceptions – Commission report on implementation – relationship to Copyright in the Information Society Directive

 

Database Directive
Legal protection of databases – copyright in databases – the sui generis right in databases
– creativity and investment distinguished – the nature of the investment protected by the sui
generis right – Commission evaluation report

CURRENT ISSUES AND INTERNATIONAL HARMONISATION

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Current Issues

Learning Outcomes

Current issues in national, international and regional copyright and related rights law, including challenges raised by digital technology and the Internet to traditional concepts, and to the definition, application, exercise and enforcement of rights

International harmonisation, the US and European approaches, and the roles of WIPO and the World Trade Organisation



This is a perfectly structured course with well prepared materials

Student,

2014