CMST 3II3 Comm&Policy of Intellect Prop (C01)
Academic Year: Winter 2019
Instructor: Dr. Sara Bannerman
Office: Togo Salmon Hall 302
Phone: 905-525-9140 x 23722
Office Hours: Mondays 2-3PM; Thursdays 1-2PM
- Course Objectives
- Textbooks, Materials & Fees
- Method of Assessment
- Policy on Missed Work, Extensions, and Late Penalties
- Additional Policies and Statements
- Topics and Readings
- Other Course Information
Students will leave the course equipped able to:
- Identify and describe various types of intellectual property law and how they are applied;
- Apply the basic principles of intellectual property to specific cases;
- Explain the roles of central intellectual property institutions;
- Identify key groups in intellectual property policymaking and those affected by intellectual property, and analyse their interests;
- Analyse the ways that new artistic and cultural practices challenge intellectual property norms;
- Analyse the relationship between intellectual property and new technologies, and the challenges posed, and opportunities raised, by new technologies;
- Understand current issues in intellectual property and how they relate to the larger global context of intellectual property normsetting.
Textbooks, Materials & Fees:
Kratz, Martin PJ. Canada's Intellectual Property Law in a Nutshell. Second edition. Carswell, 2010.
- Copies are available at the University Bookstore.
Murray, Laura J. and Samuel E. Trosow. Canadian Copyright: A Citizen’s Guide. Second edition. Toronto: Between the Lines, 2013.
- Five chapters from this book are required reading: “Music,” “Digital Media,” “Film, Video and Photography”, “Visual Arts,” and “Journalism” / Chapters 9, 10, 11, 12, and 14.
- This book is on 2-hour reserve in Mills library if you wish to read it there. Call number: KE 2799.2 .M87 2013
- Links to stores selling this book / e-book are available on the book web site at https://btlbooks.com/book/canadian-copyright
Method of Assessment:
Weekly reading quizzes 10% due weekly
Short assignments (2) 30% Feb 7 and Mar 7 at 11:59PM
Essay 30% due Apr 4; no late penalty if handed in by Apr 8 (last day of class) by 11:59PM
Final exam 30% during exam period
Attendance and Participation
A substantial portion of the course material will be delivered during class discussions and lectures. Attendance and participation are very important to learning the course material.
The weekly quiz for week one is due on the Monday of week two. Weekly quizzes for all dates for weeks 2-12 of the course are due by the start of each Monday class. Each quiz asks for your thoughts on the weekly response question. Responses must be of sufficient depth and length, and must demonstrate engagement with the readings for marks to be awarded. Each quiz is worth 1 percent out of 10 percent in the course allocated to online participation. Late quizzes will not be accepted. It is possible to achieve bonus marks by answering more than 10 quizzes.
The short assignment will be based on readings and in-class instruction. Instructions will be given in class.
Students will write an essay on a topic provided by the instructor. The essay should be 6 pages long, double-spaced and typed, formatted using MLA, and must include a bibliography. It should incorporate concepts discussed in the course and the course readings, as well as outside research.
The final exam will be based on all material covered in the lectures, required readings, and class discussions. It will take place during the exam period.
All work must be submitted via the Avenue to Learn (http://avenue.mcmaster.ca/) drop box by the deadline, or as per the instructions given in class. Assignments due after the last day of class must be submitted via the Avenue to Learn drop box unless other arrangements have been made with the instructor. Assignments handed in to a different location will not be accepted unless prior arrangements have been made. Do not drop off assignments in the CMST office. Emailed assignments will not be accepted. Always maintain electronic or other back-up copies of whatever you submit.
Policy on Missed Work, Extensions, and Late Penalties:
Weekly response questions are due at the start of each class. They may not be submitted late.
Other late assignments will be penalized at the rate of 5% per day (including weekends and holidays) unless alternate arrangements have been made in advance.
Please Note the Following Policies and Statements:
You are expected to exhibit honesty and use ethical behaviour in all aspects of the learning process. Academic credentials you earn are rooted in principles of honesty and academic integrity. It is your responsibility to understand what constitutes academic dishonesty.
Academic dishonesty is to knowingly act or fail to act in a way that results or could result in unearned academic credit or advantage. This behaviour can result in serious consequences, e.g. the grade of zero on an assignment, loss of credit with a notation on the transcript (notation reads: "Grade of F assigned for academic dishonesty"), and/or suspension or expulsion from the university. For information on the various types of academic dishonesty please refer to the Academic Integrity Policy, located at https://secretariat.mcmaster.ca/university-policies-procedures-guidelines/
The following illustrates only three forms of academic dishonesty:
- plagiarism, e.g. the submission of work that is not one’s own or for which other credit has been obtained.
- improper collaboration in group work.
- copying or using unauthorized aids in tests and examinations.
Authenticity / Plagiarism Detection
Some courses may use a web-based service (Turnitin.com) to reveal authenticity and ownership of student submitted work. For courses using such software, students will be expected to submit their work electronically either directly to Turnitin.com or via Avenue to Learn (A2L) plagiarism detection (a service supported by Turnitin.com) so it can be checked for academic dishonesty.
Students who do not wish to submit their work through A2L and/or Turnitin.com must still submit an electronic and/or hardcopy to the instructor. No penalty will be assigned to a student who does not submit work to Turnitin.com or A2L. All submitted work is subject to normal verification that standards of academic integrity have been upheld (e.g., on-line search, other software, etc.). To see the Turnitin.com Policy, please go to www.mcmaster.ca/academicintegrity.
Courses with an On-Line Element
Some courses use on-line elements (e.g. e-mail, Avenue to Learn (A2L), LearnLink, web pages, capa, Moodle, ThinkingCap, etc.). Students should be aware that, when they access the electronic components of a course using these elements, private information such as first and last names, user names for the McMaster e-mail accounts, and program affiliation may become apparent to all other students in the same course. The available information is dependent on the technology used. Continuation in a course that uses on-line elements will be deemed consent to this disclosure. If you have any questions or concerns about such disclosure please discuss this with the course instructor.
Some courses may use online proctoring software for tests and exams. This software may require students to turn on their video camera, present identification, monitor and record their computer activities, and/or lockdown their browser during tests or exams. This software may be required to be installed before the exam begins.
As a McMaster student, you have the right to experience, and the responsibility to demonstrate, respectful and dignified interactions within all of our living, learning and working communities. These expectations are described in the Code of Student Rights & Responsibilities (the "Code"). All students share the responsibility of maintaining a positive environment for the academic and personal growth of all McMaster community members, whether in person or online.
It is essential that students be mindful of their interactions online, as the Code remains in effect in virtual learning environments. The Code applies to any interactions that adversely affect, disrupt, or interfere with reasonable participation in University activities. Student disruptions or behaviours that interfere with university functions on online platforms (e.g. use of Avenue 2 Learn, WebEx or Zoom for delivery), will be taken very seriously and will be investigated. Outcomes may include restriction or removal of the involved students' access to these platforms.
Academic Accommodation of Students with Disabilities
Students with disabilities who require academic accommodation must contact Student Accessibility Services (SAS) at 905-525-9140 ext. 28652 or firstname.lastname@example.org e-mail to make arrangements with a Program Coordinator. For further information, consult McMaster University’s Academic Accommodation of Students with Disabilities policy.
Email correspondence policy
It is the policy of the Faculty of Humanities that all email communication sent from students to instructors (including TAs), and from students to staff, must originate from each student’s own McMaster University email account. This policy protects confidentiality and confirms the identity of the student. Instructors will delete emails that do not originate from a McMaster email account.
Modification of course outlines
The University reserves the right to change dates and/or deadlines etc. for any or all courses in the case of an emergency situation or labour disruption or civil unrest/disobedience, etc. If a modification becomes necessary, reasonable notice and communication with the students will be given with an explanation and the opportunity to comment on changes. Any significant changes should be made in consultation with the Department Chair.
Request for Relief for Missed Academic Term Work
McMaster Student Absence Form (MSAF)
In the event of an absence for medical or other reasons, students should review and follow the Academic Regulation in the Undergraduate Calendar "Requests for Relief for Missed Academic Term Work".
Academic Accommodation for Religious, Indigenous and Spiritual Observances (RISO)
Students requiring academic accommodation based on religious, indigenous or spiritual observances should follow the procedures set out in the RISO policy. Students should submit their request to their Faculty Office normally within 10 working days of the beginning of term in which they anticipate a need for accommodation or to the Registrar's Office prior to their examinations. Students should also contact their instructors as soon as possible to make alternative arrangements for classes, assignments, and tests.
Copyright and Recording
Students are advised that lectures, demonstrations, performances, and any other course material provided by an instructor include copyright protected works. The Copyright Act and copyright law protect every original literary, dramatic, musical and artistic work, including lectures by University instructors.
The recording of lectures, tutorials, or other methods of instruction may occur during a course. Recording may be done by either the instructor for the purpose of authorized distribution, or by a student for the purpose of personal study. Students should be aware that their voice and/or image may be recorded by others during the class. Please speak with the instructor if this is a concern for you.
The University reserves the right to change the dates and deadlines for any or all courses in extreme circumstances (e.g., severe weather, labour disruptions, etc.). Changes will be communicated through regular McMaster communication channels, such as McMaster Daily News, A2L and/or McMaster email.
Topics and Readings:
The instructor and university reserve the right to modify elements of the course during the term. The university may change the dates and deadlines for any or all courses in extreme circumstances. If either type of modification becomes necessary, reasonable notice and communication with the students will be given with explanation and the opportunity to comment on changes. It is the responsibility of the student to check their McMaster email and course websites weekly during the term and to note any changes.
Jan 7 Introduction
Jan 10 What is Intellectual Property?
Kratz, Martin. Canada’s Intellectual Property Law in a Nutshell. pp. 1-15 (Chapter 1).
Hettinger, Edwin C. “Justifying Intellectual Property” in Philosophy and Public Affairs 18 (1): 31-52. ISSN: 0048-3915 http://libaccess.mcmaster.ca/login?url=http://www.jstor.org.libaccess.lib.mcmaster.ca/stable/2265190
Martin, Brian. “Against Intellectual Property.” Philosophy and Social Action 21(3): 7-22. ISSN: 0377-2772 http://www.bmartin.cc/pubs/95psa.html
Response Question: Is intellectual property justified? Explain.
WEEK 2: Jan 14 & 17 Copyright 1: Introduction
Kratz, Martin. Canada’s Intellectual Property Law in a Nutshell. pp. 17-62 (first part of Chapter 2).
Geist, Michael “Low-Tech Case Has High-Tech Impact.” Toronto Star, 22 March 2004, D01. Available online at: http://www.michaelgeist.ca/content/view/1743/159/
Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright), 2012 SCC 37, pp. 6-10 (summary) and 14-28 (reasons for judgement). http://scc-csc.lexum.com/decisia-scc-csc/scc-csc/scc-csc/en/9997/1/document.do
Response Question: What types of copying can and should students and teachers be able to do for free in an educational context? Explain.
WEEK 3: Jan 21 & 24 Copyright 2: Copyright and Technology
Kratz, Martin. Canada’s Intellectual Property Law in a Nutshell. pp. 69-85 (part of Chapter 2).
McSherry, Corynne. “Platform Censorship: Lessons from the Copyright Wars.” Electronic Frontier Foundation. September 26, 2018. https://www.eff.org/deeplinks/2018/09/platform-censorship-lessons-copyright-wars
Response Question: Is technology taking us in the right direction, when it comes to copyright? What is the right direction when it comes to copyright enforcement in the digital environment? How should, and how shouldn’t, copyright be enforced online?
WEEK 4: Jan 28 & 31 Copyright 3: International Aspects
Kratz, Martin. Canada’s Intellectual Property Law in a Nutshell. pp. 253-260 (Chapter 15).
Story, Alan. “Inside Views: ‘Balanced’ Copyright: Not a Magic Saving Word.” Intellectual Property Watch 27 February 2012. http://www.ip-watch.org/2012/02/27/%E2%80%98balanced%E2%80%99-copyright-not-a-magic-solving-word/
Optional: You can view the longer original article upon which the above article is based here:
Story, Alan. “Burn Berne: Why the Leading International Copyright Convention Must be Repealed”. Houston Law Review, 40 (3): 763-803. ISSN 0018-6694. Available online at http://kar.kent.ac.uk/251/1/storyg3r.pdf
Response Question: Is the international copyright system fair? Why or why not?
WEEK 5: Feb 4 & 7 Copyright 4: Navigating Copyright
Murray, Laura J. and Samuel E. Trosow. “Music,” “Digital Media,” “Film, Video and Photography”, “Visual Arts,” and “Journalism” / Chapters 9, 10, 11, 12, and 14 in Canadian Copyright: A Citizen’s Guide. Second edition. Toronto: Between the Lines, 2013.
Response Question: Describe a scenario you have encountered, or might encounter, where you were creating or using a copyright work. What did this week’s readings say that would help to guide you through this situation?
WEEK 6: Feb 11 & 14 Patents
Kratz, Martin. Canada’s Intellectual Property Law in a Nutshell. pp. 201-232 (first part of Chapter 12).
Liptak, Adam. “Justices, 9-0, Bar Patenting Human Genes.” NewYorkTimes.com, 13 June 2013. Available at https://www.nytimes.com/2013/06/14/us/supreme-court-rules-human-genes-may-not-be-patented.html and on Avenue to Learn here.
Response Question: Should human genes be patentable? Why or why not?
Feb 18 & 21 - no class – reading week
WEEK 7: Feb 25 & 28 Trademark 1
Kratz, Martin. Canada’s Intellectual Property Law in a Nutshell. pp. 135-167 (Chapters 7 and 8).
Blaiwais, Lauren, and Scott Miller. "Offensive Trademarks: The Canadian and American Perspectives." Intellectual Property Journal 30, no. 2 (2018): 205-215. Available at http://libaccess.mcmaster.ca/login?url=https://search-proquest-com.libaccess.lib.mcmaster.ca/docview/2033632447?accountid=12347
Response Question: As Blaiwais and Miller ask in this week’s reading: “Should trademark laws encompass curtailing freedom of speech in the hopes of preventing the dehumanization and objectification of certain groups of people? Is the regulation of the offensive nature of trademarks feasible given the inevitable evolution of language and society’s perception thereof?” Do you agree or disagree with their assessment? Explain.
WEEK 8: Mar 4 & 7 Trademark 2
Canadian Intellectual Property Office. A guide to trademarks. Gatineau: CIPO, 2018. Available at https://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/h_wr02360.html
Response Question: Describe the process you would take, including the various steps of the process, if you were working for an organization that wished to brand itself with a new name and logo.
WEEK 9: Mar 11 & 14 Race, Gender, and Traditional Knowledge
Sunder, Madhavi. “The Invention of Traditional Knowledge.” 70 Law and Contemporary Problems 97-124. http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1421&context=lcp
Greene, K. J. "Intellectual Property at the Intersection of Race and Gender: Lady Sings the Blues." American University Journal of Gender, Social Policy & the Law 16, no. 3 (2008): 365-385. Available at http://libaccess.mcmaster.ca/login?url=https://heinonline-org.libaccess.lib.mcmaster.ca/HOL/Page?lname=&public=false&handle=hein.journals/ajgsp16&page=365&collection=journals
Response Question: Is the intellectual property system fair to all people? Why or why not?
WEEK 10: Mar 18 & 21 Appropriation of personality and other forms of Intellectual Property
Kratz, Martin. Canada’s Intellectual Property Law in a Nutshell. pp. 169-177 (Chapter 9 – Personality Rights); pp. 125-130.
Conroy, Amy. “Protecting your Personality Rights in Canada: A Matter of Property or Privacy?” Western Journal of Legal Studies 1 no. 1 (2012): 1-20. Available at http://ir.lib.uwo.ca/uwojls/vol1/iss1/3/
Response Question: How much control should celebrities have over the use of their image by third parties? Explain.
WEEK 11: Mar 25 & 28 The Future of Intellectual Property
Bradshaw, Simon, Adrian Bowyer and Patrick Haufe. “The Intellectual Property Implications of Low-Cost 3D Printing.” ScriptED 7 no. 1 (April 2010): 5-31. https://core.ac.uk/download/pdf/2805836.pdf
Elkin-Koren, Niva. “Tailoring Copyright to Social Production.” Theoretical Inquiries in Law 12 no. 1: 309-347. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1663982
Benkler, Yochai. “Commons-Based Strategies and the Problems of Patents.” Science 305 no. 5687 (2004): 1110-1111. http://www.sciencemag.org/content/305/5687/1110.summary
“The A2K (Access to Knowledge) Treaty Group.” Section 5.7 in The Copy/South Dossier: Issues in the Economics, Politics, and Ideology of Copyright in the Global South. Alan Story, Colin Darch, and Debora Halbert, eds. Canterbury: Copy/South Research Group, 2006, pp. 161-164.
Response Question: What are the most important changes that must be made to intellectual property law to ensure a bright future in light of changing modes of production and access? Explain.
WEEK 12: Apr 1 & 4 Copyright, Innovation, and Environment
Drahos, Peter. “Six Minutes to Midnight – Can Intellectual Property Save the World?”
Emerging Issues in Intellectual Property, Kathy Bowrey, Michael Handler and Dianne Nicol, eds. London: Oxford University Press, 2011. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1723774
Rimmer, Matthew. “Episode 14, Matthew Rimmer on Intellectual Property and Clean Technologies.” Transcript. 23 June 2010. (9 pages) http://publicethicsradio.files.wordpress.com/2010/06/per_transcript_rimmer.pdf
(You can also listen to the podcast at http://publicethicsradio.org/2010/06/23/episode-14-matthew-rimmer-on-intellectual-property-and-clean-technologies/ (31:05))
Response Question: Can intellectual property save the world?
WEEK 13: April 8 Review and Discussion
Other Course Information:
In this course we will be using Avenue to Learn (http://avenue.mcmaster.ca/). Students should be aware that, when they access the electronic components of this course, private information such as first and last names, user names for the McMaster e-mail accounts, and program affiliation may become apparent to all other students in the same course. The available information is dependent on the technology used. Continuation in this course will be deemed consent to this disclosure. If you have any questions or concerns about such disclosure please discuss this with the course instructor.
You are expected to exhibit honesty and use ethical behaviour in all aspects of the learning process. Academic credentials you earn are rooted in principles of honesty and academic integrity.
Academic dishonesty is to knowingly act or fail to act in a way that results or could result in unearned academic credit or advantage. This behaviour can result in serious consequences, e.g. the grade of zero on an assignment, loss of credit with a notation on the transcript (notation reads: “Grade of F assigned for academic dishonesty”), and/or suspension or expulsion from the university.
It is your responsibility to understand what constitutes academic dishonesty. For information on the various types of academic dishonesty please refer to the Academic Integrity Policy, located at http://www.mcmaster.ca/academicintegrity
The following illustrates only three forms of academic dishonesty:
1. Plagiarism, e.g. the submission of work that is not one’s own or for which other credit has been obtained.
2. Improper collaboration in group work.
3. Copying or using unauthorized aids in tests and examinations.
In this course we will be using a web-based service (Turnitin.com) to reveal plagiarism. Students will be expected to submit their work electronically to Turnitin.com so that it can be checked for academic dishonesty. Students who do not wish to submit their work to Turnitin.com must still submit a copy to the instructor. No penalty will be assigned to a student who does not submit work to Turnitin.com. All submitted work is subject to normal verification that standards of academic integrity have been upheld (e.g., on-line search, etc.). To see the Turnitin.com Policy, please go to www.mcmaster.ca/academicintegrity