Course Syllabus of Zhongnan University of Economics and Law
Course Title: Copyright Law | ||||
Course Code | 41063009 | Semester | 1 | |
Teaching Hours | 64 | Credits | 4 | |
Prerequisites | Civil Law | |||
Instructor Information | ||||
Name | Jian Jisong | Jianjisong67@163.com | ||
Institute | Zhongnan University of Economics and Law | |||
Applicable Object | International Students | |||
Course Objectives | Through the study, students should master the basic theory and concept of copyright, understand the copyright object/subject, content, attribution, limitation, management, protection of tort liability, legal remedy procedures, international protection methods, and master the characteristics of copyright protection deeply through certain copyright law enforcement and judicial practice, and have the ability to engage in legislation, law enforcement and judicial practice of copyright protection. Specific requirements: 1. Learn to understand the basic framework of copyright protection ; 2. Thinking in relation to reality, focusing on analysis and ideas; 3. Active participation in case studies and presentations; 4. Mastering the learning characteristics and mindset of management science.
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Course Description (200 words) | Copyright is one of the troika of intellectual property rights, and copyright law is getting more and more attention in the international area. While promoting the Belt and Road international cooperation, we are bound to encounter the cooperation problem of intellectual property rights. To solve this problem, the first step is to promote the convergence of legislation, judicial coordination and the integration of concepts among Belt and Road countries. This course attempts to make use of the strategic funding from the state and the platform of the Belt and Road IPR Study Abroad Program to build a platform for China's IPR Master’s Program to promote the cultivation of IPR talents with the Belt and Road countries, and then contribute to the convergence of IPR concepts, convergence of legislation, and coordination of judicial strategies in the Belt and Road countries.
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Assessment Methods |
Course Papers
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Textbooks and References |
1. Stephen Fishman, J.D, The copyright handbook, Nolo Law for All.2014. 2. 王迁：《著作权法学》，北大出版社，2006年版。 3. Harward B . Abrams, The Law of Copyright,WEST THOMSON Business , 2004. 4. 刘勇:《著作权故事汇》，中国政法大学出版社，2016年版。 5. 刘春田：《案说著作权法》，知识产权出版社，2008。
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Course planning | ||||
Chapter 1 | Topic1:Introduction to the copyright The concept, characteristics, classification, history, significance and the difference of the copyright mechanism between the common law system and civil law system. Topic2:Case analysis 1
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Chapter 2 | Topic1:The Object of the copyright The concept of the work, Originality, the object which can not be copyrighted, the classification of the works. Topic2:Case analysis 2
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Chapter 3 | Topic1:The contents of copyright (1) Moral property right；The concept,classification,characteristics of Moral right, including authorship right, alteration right, integrity right. Topic2:Case analysis 3
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Chapter 4 | Topic1:The contents (2) traditional Property fright The concept, classification, and characteristics of the traditional property right of the work; the reproduction right and distribution right. Topic2:Case analysis 4
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Chapter 5 | Topic1:The Contents of copyright (4) New types of property rights The concept,classification,characteristics of The new types of copyrights;Right of Communication to the Public, and the information network transmission right; Performance right, the projection right, the exhibition right,the radio and TV broadcasting right; Other deduced right: adaption right, translation right,derivative works right etc. Topic2:Case analysis 5
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Chapter 6 | Topic1:The ownership of the copyright The introduction to the ownership of the copyright:the common problem of ownership and the special problem of the ownership of the copyright: The ownership of the joint work, the trusted work and the work created during the employment. Topic2:Case analysis 6
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Chapter 7 | Topic1:The limitation to the copyright Time limitation: the start of the protection term and the end of the protection term; the duration of the work owned by legal person, single natural person and a more than two natural person; Exercise limitation: the fair use and statutory license. Topic2:Case analysis 7
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Chapter 8 | Topic1: The legal remedy for the copyright protection The constitution of the copyright infringement:direct infringement and indirect infringement. The liability for the copyright infringement: civil liability, administrative liability, criminal liability. Topic2:Case analysis 8
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Chapter 9 | Topic1:Introduction of Copyright Law in China Works Subject to Copyright Law, Rights and Related Rights, Comparison of copyright and related rights.
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Chapter 10 | Topic1:Limitations and Exceptions of Copyright in China： Fair Use of Copyright, Restrictions on fair use of copyright, statutory use of copyright,Typical cases.
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Chapter 11 | Topic1:Amendment of Copyright Law in China Introduction of the Third Amendment of Copyright Law, Provisions arose debate in revision draft: ISP’s Liability for Copyright Infringement, Practice of Collective Management Organizations.
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Chapter 12 | Topic1: The Administrative Protection of Copyright and Copyright Awareness Building Programs Introduction of Administrative protection of copyright ,Development of Copyright Awareness Building Programs:The Development of Copyright Awareness in China, The Implementation of Copyright Awareness Building in China.
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Chapter 13 | Topic1: Protection of Foreign Copyrighted Material in China Context of Foreign Copyrighted Materials from the Legal and Market Perspective, Foreigner’s Copyright Enforcement Tools: Copyright Registration, Administrative and judicial routes to enforce copyright in China.
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Chapter 14 | Topic1: Copyright Protection System and Typical Cases in China Copyright Protection System in China:Administrative Enforcement, Judicial Enforcement; Typical Cases.
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Chapter 15 | Topic1: Beijing Treaty on Audiovisual Performances and Performer's Right (Ⅰ) General Introduction of Beijing Treaty on Audiovisual Performances，Beijing Treaty and the Significance to China, Beijing Treaty grants performers four kinds of economic rights to the fixed performance, Beijing Treaty grants performers three kinds of economic rights to unfixed performances.
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Chapter 16 | Topic1:Beijing Treaty on Audiovisual Performances and Performer’s Right (Ⅱ) .Entry into force of Beijing Treaty，Influences of Beijing Treaty，Beijing Treaty and China's copyright law amendment.
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