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| DROI1276-2 | Copyright (in depth seminars included)
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| Duration : | 20h Th, 10h SEM |
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| Number of credits : |
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| Lecturer : | Anselm Kamperman Sanders, Benoît Michaux |
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| Coordinator : | Benoît Michaux |
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Language(s) of instruction :
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| French language |
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Organisation and examination :
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| Teaching in the second semester |
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Course contents :
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| Copyright protects all formatted creations, provided they are original.
The objective of the course entitled "reasoned principles of copyright law" is to present the different elements of copyright law. The related rights, software and database rights will also be considered. Emphasis will also be placed on the case law of the Court of Justice of the European Union.
Syllabus (subject to change) :
- The field of application and the sources of copyright law
- The conditions for the application of copyright
- The right to reproduce
- The right to communicate to the public
- Exceptions to copyright
- Ownership and duration of copyright
- Databases
- Computer programmes
- Respect for copyright on the internet
- Moral right of the author
- Contracts in copyright law
- General reflections and conclusions
- External session: related rights to copyright
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Learning outcomes of the course :
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| By the end of the course, the students should be able to :
- Fully understand the salient aspects of copyright in Belgium and the European Union;
- Develop a critical analysis of European and Belgian regulations and case law in the matter of copyright; understand the practical interest of these.
- Develop an argument in support of a party to litigation in the field of copyright law.
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Prerequisites and co-requisites/ Recommended optional programme components :
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| There are no prerequisites for this course.
It is nonetheless recommended that students have a basic understanding of intellectual property law and European substantive law. |
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Planned learning activities and teaching methods :
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| The course is given in the form of interactive lessons.
Students read one or more decisions from the CJEU in preparation for class.
Students will also complete a written assignment in the form of a mock trial on the issue of plagiarism (moot court). Students may complete this on their own or in a group and must be 3 to 6 pages long. It may be written in English or French. |
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Mode of delivery (face-to-face ; distance-learning) :
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| The course is face-to-face supplemented by readings at home and a written practical work. |
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Recommended or required readings :
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The recommended or compulsory readings are generally communicated before each session.
"PowerPoint" Presentations are used during the lessons. The students may supplement these with their notes.
A significant portion of the material consists od decisions from the Court of Justice of the European Union, available on line at www.curia.eu |
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Assessment methods and criteria :
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| The evaluation will take the form of an oral examination. The written work and active participation of the students in the lessons is taken into account in the final evaluation.
The examination will be oral and will last about 15 minutes (with preparation time of about 15 minutes).
Only legislative texts (Directive 2001/29, decree of 30 June 1994 on copyright, Berne Convention, etc.) may be used for preparation and during the examination. These texts may be underlined, or have arrows and referrals to other legislative provisions, but no other annotations.
The subject of the examination is that which was discussed in class, and includes in particular the decisions from the Court of Justice found on the attached consolidated list. It may also be useful to know some decisions from the courts and tribunals of Belgium (or others) like those seen in class, for illustration purposes and for good understanding. Students are moreover asked to look at the broad principles of duration and ownership of copyright (a doctrinal article will be handed out to this end).
The student should prepare two or three questions during his preparation time (an example is set out below). Other questions/details/reflections may be asked orally by the professor during the interview.
Below are examples of examination questions :
- In European Union law, what are the criteria for assessing the existence of a communication to the public other than "on-line"? (presentation of about 5-7 minutes)
- Compare the Court of Justice's approach in the decisions Svensson and Innoweb (presentation of about 5-7 minutes).
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Work placement(s) :
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Organizational remarks :
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| The course is scheduled every year in the second term.
In 2015, it will be held Mondays from 10am to 12.30pm. |
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Contacts :
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Titulaire : Benoit Michaux (michauxb@hoyngmonegier.com)
Assistant : Simon Vander Putten (Simon.VanderPutten@ulg.ac.be)
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