Covering a broad domain of creative works, this copyright law course deals with the theoretical justifications for the protection of the creative works such as literary, artistic, musical and dramatic works, the criteria for their legal protection, the exclusive economic and moral rights attached to the creative works, authorship/ownership of the works, exploitation of the exclusive rights, enforcement of the rights, and limitations/exceptions to the rights under the Canadian copyright regime. In particular, the subject matters protected under the copyright law such as literary, artistic, dramatic and musical works are central to the knowledge produced and consumed for the purposes of education, creative innovation, entertainment and several other activities. Given their importance for utilization and dissemination of the creative works in the creative and entertainment industries, the course will also deal with neighbouring rights: the rights of performers, makers of sound recordings and broadcasters.
Granting authors/owners of the creative works a set of time-bound exclusive statutory rights, the copyright law regime seeks to reward the authors for the their creative efforts and promote public interests through the creation and dissemination of the works to the public at large. In this expanding digital era, the rapid developments of digital technologies including generative artificial intelligence implicate complex, critical and controversial legal and policy questions on the roles of copyright law, theoretical foundations, roles and effective protection of copyright.
Keeping in view the ongoing technological developments such as AI-related works and their implications, the course will thus explore the theoretical frameworks of copyright, its subject matter, criteria for protection, authorship/ownership, exclusive rights, limitations/exceptions, exploitation of the rights (assignment/licenses), and enforcement (infringement and defences) of copyright under Canadian legal regime from national and international perspectives. In so doing, the course will take both national and international perspectives to examine the fundamental public and private interests that underpin the existing copyright system while emphasizing the need to strike an appropriate balance between the interests. Exploring the Copyright Act, cases and relevant international copyright treaties, the course aims to acquaint students with the substantive copyright law, its policy objectives and theoretical justifications, basic principles and doctrines applicable for copyright protection as well as critical and controversial issues related to the justifications, roles and enforcement of copyright law.
Method of Evaluation:
The course evaluation includes an active and continuous class participation, short reflective papers/case comments and final exam. The overall grade will be made up of final exam (70%), short reflective paper/case comment (7-10 pages)(20%) and active class participation cum consistent attendance (10%). The mode of the final exam will be an open book and the exam date will be announced in advance once the exam schedule is confirmed.