74767 - Copyright Law

Learning outcomes

At the end of the course unit, students: - possess an in-depth knowledge about the international and supranational instruments concerning intellectual property rights, as well as the state of the art of their implementation, and know, from a comparative perspective, the solutions provided by national legal orders; - are thus able to understand the main legal concerns and to balance conflicting interests about the protection of intellectual property rights, including issues stemming from the application of new technologies, and can also envisage possible solutions on a case-by-case basis.

Course contents

The course is devoted to the fundamental principles of copyright under the international and the EU legal framework. During classes, a number of focus on more specific aspects of the relationship between copyright law and digital technologies will be made.

Syllabus

1. Copyright as Intellectual Property and its economic and social justification. The normative structure of copyright protection .
2. The object of copyright protection: the notion of “work” and its originality. The idea/expression dichotomy. Derivative works.
3. The subject of copyright protection: the author and the creation of the work. The absence of formalities.
4. Copyright in AI-generated Works.
5. Works created by employees. Works created by multiple authors (joint and collective works).
6. Moral rights and economic rights. Moral rights: characteristics. The right of paternity and the right of integrity. Economic rights: characteristics. Term of protection.
7. Economic rights. Copy-related rights (rights of reproduction and distribution). The principle of exhaustion. Rights of rental and lending.
8. Online exhaustion? UsedSoft vs. Tom Kabinet.
9. Economic rights: non-copy-related rights. Right of public performance and right of communication and making available to the public. The right of modification, elaboration and transformation of the work.
10. Linking and framing of content on the Internet.
11. DRM and technological protection measures.
12. Copyright Contracts: assignment and license of rights.
13. Exceptions and limitations to copyright: general principles. The three-step test.
    
14. Copyright and Cultural Heritage.
15. Rights related to copyright. The sui generis protection of databases.
16. ISP liability.
    

Readings/Bibliography

For students not attending classes the study of the following text is mandatory:

- P. GOLDSTEIN, B. HUGENHOLTZ, "International Copyright: Principles, Law, and Practice" (Oxford University Press, 2019), chapters 1, 2, 3, 6, 7, 8, 9, 10, 11.

For students attending classes, the relevant texts and materials will be indicated during each class and subsequently uploaded on "Virtuale", the institutional online repository of the University of Bologna (https://virtuale.unibo.it/).

Teaching methods

The course is articulated into lectures in which the teacher will illustrate the fundamental legal principles, through the use of examples and practical cases, also commenting on the relevant legislation and case law, and discussing them with the students.

Due to the technical nature of the subject-matter and the specific legal lexicon, frequency, despite not being mandatory, is strongly advised.

Assessment methods

For both attending and non-attending students, the exam takes place in oral form, and consists of 3-4 open questions on the entire program.

The evaluation of the exam will be carried out taking into account the knowledge of the institutes of copyright law, the ability to analyze the different interpretative guidelines, the ability to make connections between the different parts of the program, the ability to develop critical arguments, the articulation of exposure, the exposure accuracy.

To register for the exam, students need to use the AlmaEsami system. Late registrations (compared to the terms indicated on AlmaEsami) and / or off-list are not allowed.

Only for the first exam following the end of the course, attending students (i.e. students attending at least 75% of the classes) who have the course included in the learning plan for the current academic year will have the chance to take a written exam. In this case the exam will consist of a multiple-choice test of 30 questions, with three possible answers, one of which is correct. The mark is obtained by adding the number of correct answers. The exam is passed with at least 18 correct answers on 30 questions. In case of failure to pass the exam or refusal to accept the mark, the student will be required to take the oral exam on the entire program - and in the manner indicated above - in one of the subsequent exams.

Teaching tools

Students who, due to disability or specific learning disorders (DSA), need compensatory tools shall communicate to the teacher their needs so as to be directed to the relevant persons and agree on the adoption of the most appropriate measures.

Office hours

See the website of Giorgio Spedicato