Students
MMCS823 – Cultural Production and the Law
2014 – S1 Day
General Information
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| Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor
Stephen Collins
Contact via stephen.collins@mq.edu.au
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| Credit points |
Credit points
4
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| Prerequisites |
Prerequisites
(12cp in CUL or MAS units at 300 level or 42cp in LAW units at 400 or 500 level) or admission to MA or PGDipArts or PGCertArts
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| Corequisites |
Corequisites
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| Co-badged status |
Co-badged status
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| Unit description |
Unit description
Intellectual property is a leviathan of the digital era. The last decade has seen consistent augmentation of copyright laws in the face of open content, peer-to-peer distribution, and new distribution models. User rights such as fair dealing (Australia, UK) and fair use (America) have, by contrast, been weakened as intellectual property 'evolves' into something resembling real property. The digital era provokes debate over ownership of culturally ubiquitous works as a 'rip, mix and burn' aesthetic is hardwired into personal computers, software and mass approaches to digital content. This unit analyses the impact of the law on cultural production in the digital era.
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Important Academic Dates
Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
Learning Outcomes
On successful completion of this unit, you will be able to:
- Analyse critically the role played by copyright
- Differentiate between different modes of authorship and ownership
- Apply legal rationale to contemporary case studies
- Formulate arguments capable of contributing to policy reform
- Construct sustainable arguments supported by academic research
- Find, analyse, and interpret primary and secondary sources
Assessment Tasks
| Name | Weighting | Due |
|---|---|---|
| Seminar Presentation | 30% | As allocated |
| Major Essay | 50% | Week 13 |
| Seminar Participation | 20% | Ongoing |
Seminar Presentation
Due: As allocated
Weighting: 30%
You are required to give a 30-minute presentation on one of the weekly topics. Your presentation must not simply summarise the readings, but draw out the issues within the topic and provoke discussion for the remainder of the class.
Your presentation will involve at least one contemporary case study appropriate to the topic.
You are expected to draw on the readings as well as demonstrating wider, independent research on the topic. You should endeavour to draw upon published academic research over journalistic reports.
Please do not rely on electronic props to support your presentation (available technology is dependent on room timetabling).
On successful completion you will be able to:
- Analyse critically the role played by copyright
- Differentiate between different modes of authorship and ownership
- Apply legal rationale to contemporary case studies
- Formulate arguments capable of contributing to policy reform
- Construct sustainable arguments supported by academic research
Major Essay
Due: Week 13
Weighting: 50%
You are required to submit a 3500 word essay in week 13. You can either generate your own question or respond to the following:
Copyright has been called "an engine of free expression". Discuss the accuracy of this statement.
If you choose to generate your own question then you should discuss it with your convener first.
Essays must adhere to a written style and referencing system suitable for academic purposes.
All essays will be submitted via iLearn to Turn It In. Essays will be marked and returend online.
On successful completion you will be able to:
- Analyse critically the role played by copyright
- Differentiate between different modes of authorship and ownership
- Apply legal rationale to contemporary case studies
- Formulate arguments capable of contributing to policy reform
- Construct sustainable arguments supported by academic research
- Find, analyse, and interpret primary and secondary sources
Seminar Participation
Due: Ongoing
Weighting: 20%
Seminars are an important part of this unit in providing time and space to discuss ideas and research. You are expected to arrive at seminars punctually and having completed the set readings for each topic. Your participation mark is derived from your engagement with set materials, the topic and seminar discussion. Seminar participation is key in discussing ideas, new research and also clarifying any uncertainties.
On successful completion you will be able to:
- Analyse critically the role played by copyright
- Differentiate between different modes of authorship and ownership
- Apply legal rationale to contemporary case studies
- Formulate arguments capable of contributing to policy reform
- Construct sustainable arguments supported by academic research
- Find, analyse, and interpret primary and secondary sources
Delivery and Resources
All readings are provided electronically via the library's eReserve system (follow the link on iLearn).
Unit Schedule
Week 1 - Unit introductions
No readings
Week 2 - Authorship
Martha Woodmansee. ‘On the Author Effect: Recovering Collectivity’ in (eds.) Martha Woodmansee & Peter Jaszi The Construction of Authorship. (1994). Duke University Press: Durham & London. 15-28.
Peter Jaszi. ‘On the Author Effect: Contemporary Copyright and Collective Creativity’ in (eds.) Martha Woodmansee & Peter Jaszi The Construction of Authorship. (1994). Duke University Press: Durham & London. 29-56.
Michel Foucault. ‘What is an Author?” in (ed.) Paul Rabinow. The Foucault Reader. (1984). Pantheon Books: New York. 101-120.
Week 3 - Ownership I: Histories
Kembrew McLeod. Owning Culture. (2001). Peter Lang: New York. 1-37.
L. Ray Patterson & Stanley W. Lindberg. The Nature of Copyright: A Law of Users’ Rights. (1991). The University of Georgia Press: Athens & London. 19-45.
John Gantz & Jack Rochester. Pirates of the Digital Millennium: How the Intellectual Property Wars Damage Our Personal Freedoms, Our Jobs, and the World Economy. (2005). Prentice Hall: New York. 27-61
Week 4 - Ownership II: Into the Now
Neil Weinstock Netanel. ‘Copyright and a Democratic Civil Society’. (1996). 106 Yale Law Journal 283-387.
Steve Collins. ‘“Property Talk” and the Revival of Blackstonian Copyright’. (2006). 9(4) M/C Journal (online) <http://journal.media-culture.org.au/0609/5-collins.php>.
Week 5 - Digital Natives and Creatives
Steve Collins. ‘Digital Fair: Prosumption and the Fair Use Defence’. (2010). 10(1) Journal of Consumer Culture 37-55.
Lawrence Lessig. Remix. (2008). The Penguin Press: US. 1-19.
Axel Bruns. ‘Distributed Creativity: Filesharing and Produsage’ in (ed.) Stefan Sonvilla-Weiss Mashup Cultures. (2010). SpringerWien: New York. 24-37.
Week 6 - Fair's Fair
Lloyd Weinreb. ‘Fair’s Fair: A comment on the fair use doctrine’. (1990). 103 Harvard Law Review. 1137-1161.
Week 7 - Reading Week
No readings
Week 8 - Creative Commons
Lawrence Lessig. Free Culture. (2004). The Penguin Press: New York. 282-286.
Cory Doctorow. ©ontent. (2008). Tachyon Publications: San Francisco. 71-75.
Week 9 - Sampling
Steve Collins. ‘Waveform Pirates’ (2008). 3 Journal of the Art of Record Production (online) <http://arpjournal.com/680/waveform-pirates-sampling-piracy-and-musical-creativity/>
Joanna Demers. Steal This Music. (2006). University of Georgia Press: Athens, Georgia. 111-146.
Week 10 - Fan Fiction
Henry Jenkins. Textual Poachers. (1992). Routledge: New York & London. 152-184.
Meredith McCardle. ‘Fan Fiction, Fandom, and Fanfare: What’s All the Fuss?’ (2003). 9 Boston University Journal of Science and Technology Law. 434-468.
Week 11 - Digital Rights and Wrongs
Matt Mason. The Pirate’s Dilemma. (2008). Free Press: New York, Toronto, London & Sydney. 33-67.
Cory Doctorow. ©ontent. (2008). Tachyon Publications: San Francisco. 3-26.
Week 12 - The International Context
To be announced
Week 13 - Essay Consultation
No readings
Policies and Procedures
Macquarie University policies and procedures are accessible from Policy Central. Students should be aware of the following policies in particular with regard to Learning and Teaching:
Academic Honesty Policy http://mq.edu.au/policy/docs/academic_honesty/policy.html
Assessment Policy http://mq.edu.au/policy/docs/assessment/policy.html
Grading Policy http://mq.edu.au/policy/docs/grading/policy.html
Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html
Grievance Management Policy http://mq.edu.au/policy/docs/grievance_management/policy.html
Disruption to Studies Policy http://www.mq.edu.au/policy/docs/disruption_studies/policy.html The Disruption to Studies Policy is effective from March 3 2014 and replaces the Special Consideration Policy.
In addition, a number of other policies can be found in the Learning and Teaching Category of Policy Central.
Student Code of Conduct
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/
Student Support
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
Learning Skills
Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.
Student Services and Support
Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.
Student Enquiries
For all student enquiries, visit Student Connect at ask.mq.edu.au
IT Help
For help with University computer systems and technology, visit http://informatics.mq.edu.au/help/.
When using the University's IT, you must adhere to the Acceptable Use Policy. The policy applies to all who connect to the MQ network including students.
Graduate Capabilities
PG - Discipline Knowledge and Skills
Our postgraduates will be able to demonstrate a significantly enhanced depth and breadth of knowledge, scholarly understanding, and specific subject content knowledge in their chosen fields.
This graduate capability is supported by:
Learning outcomes
- Analyse critically the role played by copyright
- Differentiate between different modes of authorship and ownership
- Apply legal rationale to contemporary case studies
- Formulate arguments capable of contributing to policy reform
Assessment tasks
- Seminar Presentation
- Major Essay
- Seminar Participation
PG - Critical, Analytical and Integrative Thinking
Our postgraduates will be capable of utilising and reflecting on prior knowledge and experience, of applying higher level critical thinking skills, and of integrating and synthesising learning and knowledge from a range of sources and environments. A characteristic of this form of thinking is the generation of new, professionally oriented knowledge through personal or group-based critique of practice and theory.
This graduate capability is supported by:
Learning outcomes
- Analyse critically the role played by copyright
- Differentiate between different modes of authorship and ownership
- Apply legal rationale to contemporary case studies
- Formulate arguments capable of contributing to policy reform
- Construct sustainable arguments supported by academic research
Assessment tasks
- Seminar Presentation
- Major Essay
- Seminar Participation
PG - Research and Problem Solving Capability
Our postgraduates will be capable of systematic enquiry; able to use research skills to create new knowledge that can be applied to real world issues, or contribute to a field of study or practice to enhance society. They will be capable of creative questioning, problem finding and problem solving.
This graduate capability is supported by:
Learning outcomes
- Apply legal rationale to contemporary case studies
- Construct sustainable arguments supported by academic research
- Find, analyse, and interpret primary and secondary sources
Assessment task
- Major Essay
PG - Effective Communication
Our postgraduates will be able to communicate effectively and convey their views to different social, cultural, and professional audiences. They will be able to use a variety of technologically supported media to communicate with empathy using a range of written, spoken or visual formats.
This graduate capability is supported by:
Learning outcomes
- Formulate arguments capable of contributing to policy reform
- Construct sustainable arguments supported by academic research
- Find, analyse, and interpret primary and secondary sources
Assessment tasks
- Seminar Presentation
- Major Essay
- Seminar Participation
PG - Engaged and Responsible, Active and Ethical Citizens
Our postgraduates will be ethically aware and capable of confident transformative action in relation to their professional responsibilities and the wider community. They will have a sense of connectedness with others and country and have a sense of mutual obligation. They will be able to appreciate the impact of their professional roles for social justice and inclusion related to national and global issues
This graduate capability is supported by:
Learning outcomes
- Analyse critically the role played by copyright
- Differentiate between different modes of authorship and ownership
- Apply legal rationale to contemporary case studies
- Formulate arguments capable of contributing to policy reform
Assessment tasks
- Seminar Presentation
- Seminar Participation
PG - Capable of Professional and Personal Judgment and Initiative
Our postgraduates will demonstrate a high standard of discernment and common sense in their professional and personal judgment. They will have the ability to make informed choices and decisions that reflect both the nature of their professional work and their personal perspectives.
This graduate capability is supported by:
Learning outcomes
- Apply legal rationale to contemporary case studies
- Formulate arguments capable of contributing to policy reform
- Construct sustainable arguments supported by academic research
- Find, analyse, and interpret primary and secondary sources
Assessment task
- Seminar Participation
Assignment Submission
All written assignments are to be submitted electronically via iLearn. Details will be given out during class.
Hardcopy submissions will not be accepted or marked.
Assignments submitted after the due date will be penalised 10% per day.