Law of Copyright and Related Rights (Comparative Copyright Law) (LAWS0251)

Law of Copyright and Related Rights (Formerly Comparative Copyright Law) This module takes a thematic approach to copyright law.

In the digital age, copyright law is increasingly important not only because of the economic significance of the industries that it supports, but also because of the profound impact that it has on the shaping of our cultural landscape. 

This module focuses on the law of the UK, and EU (as appropriate); but other jurisdictions may also be considered where they provide an interesting point of comparison. We examine issues and difficulties relating to the subsistence of copyright, as well as its infringement and enforcement. 

In addition to acquiring detailed knowledge of UK, and EU copyright law, this module will enable students to critically assess and interpret relevant case law, legislation and academic literature in the field. Students will also learn how to apply their knowledge to legal problems and to engage with significant normative debates in this area.

Module Syllabus

Topics include:

History, international context, and overview of UK and EU copyright systems 

Justifications and philosophical underpinning of the law 

Basic requirements for copyright subsistence (subject matter, threshold for protection, qualification and duration of protection) 

Authorship, joint authorship & ownership (including ownership of works created by employees) 

Infringement (basic requirements, acts of infringement, the idea/expression dichotomy) 

Exceptions (contrasting fair use and fair dealing approaches) 

Moral Rights and possibly other “related rights” time permitting.

Recommended Materials

Module reading lists and other module materials will be provided via online module pages, once students have made their module selections upon enrolment. 

The module textbook is likely to be Bently, Sherman, Gangjee & Johnson, Intellectual Property (6th Ed; OUP; 2022)

Preliminary Reading

There is no required preliminary reading. The following resources might be consulted for a sense of the relevant debates: 

• The copyright chapters in Jacob, Alexander & Fisher, Guidebook to Intellectual Property, (Hart Publishing, 2022) could be used as an introductory guide.  

• For an outline of theoretical justifications: Spence, ‘Justifying Copyright’ in McClean and Schubert (eds), Dear Images: Art, Copyright and Culture (Manchester, Ridinghouse, 2002), 389-403.  

• Robert Merges, Justifying Copyright (Harvard University Press, 2011) introduces some topical issues. 

Key information