61063005-Copyright Law

发布时间:2023-09-20浏览次数:273

Course Syllabus of Zhongnan University of Economics and Law

Course Title:Copyright Law

Course Code

61063005

Semester

Spring

Teaching Hours

32

Credits

2

Prerequisites

Civil Law

Instructor Information

Name

Jian Jisong

Email

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.

 

 

 

 

 

 

 

 

 

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.

 

 

 

 

 

 

 

Assessment Methods

 

Course Papers

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

 

 

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

 

 

 

 

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

 

 

 

Chapter 3

Topic1:The contents of copyright(1)

Moral property rightThe concept,classification,characteristics of Moral right, including authorship right, alteration right, integrity right.

Topic2:Case analysis 3

 

 

 

 

Chapter 4

Topic1:The contents 2traditional 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

 

 

 

 

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

 

 

 

 

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

 

 

Chapter 7

Topic1:The limitation to the copyright

Time limitationthe 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

 

 

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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