The University of Western Ontario
Don Wright Faculty of Music
Advanced Seminar in Music Admin Studies
Music 4720B – Winter 2016
Instructor:
Time & Place:
Office Hours:
Dr. Samuel E. Trosow strosow@uwo.ca (519) 661-2111 x82282
Wednesday 2:30-5:20 pm in 44 Law Bldg
Wednesday noon-1:30 or by appt 102 Law Bldg,
Course description:
This course presents an overview of the Canadian Copyright Act focusing on its
treatment of musical works, sound recordings and performers’ performances, and how
it compares to the laws of the United States. Emphasis will be placed on current issues
and problems in the formation, implementation and evaluation of music copyright
policies in an environment of technological change. Pending legislation, cases and
international treaties and agreements will also be considered.
Note: This is a cross-listed course in the Don Wright Faculty of Music (Music 4720B,
Advanced Seminar in Music Admin Studies) and the Faculty of Law (Law 5856D,
Special Topics in Law: Music & Copyright)
Learning Outcomes:
Upon successful completion of the course, students will be able to:
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Demonstrate an understanding of Canadian Copyright law as it pertains to musical
works, sound recordings and performances, and how it is similar and different from
the laws of the United States;
Understand the conceptual background to copyright law, including its historical
development, philosophical justifications, and economic rationale;
Appreciate the differences between the treatment of works, sound recordings and
performances under Canadian and U.S. law;
Interpret and apply copyright legislation and case law in a fast changing technological
environment;
Recognize the tensions amongst the various stakeholders in the music copyright policy
environment;
Analyze and evaluate current scholarship in the field of music copyright law and policy.
Music 4720B
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Evaluation Criteria:
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10% Case Review
Each student will prepare a short (app. 3 page) review/analysis of an assigned case and be
prepared to discuss the case in class. (Case citations, further specifications, due dates tba)
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10% Article Review
Each student will be assigned an article or book chapter and will prepare a short (app. 3
pages) critical analysis and review and be prepared to discuss the article in class.
(Articles, further specifications and due dates tba.)
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15% Midterm written assignment (further specification tba)
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15% class presentation (Over the course of the term, each student will make an in-class
conference-style presentation - topics, scope and presentation dates tbd)
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35% Final Paper (due the last class session - further specification tba)
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15% Class Participation
Course Materials:
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Required Text: Laura J. Murray & Samuel E. Trosow. Canadian Copyright: A Citizen's
Guide, 2nd ed (Between the Lines, 2013). (available at UWO bookstore and on reserve at
Law Library)
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Columbia/USC Copyright Infringement Resource: http://mcir.usc.edu/
This online archive includes over 100 judicial opinions on music copyright infringement
(mostly from the US) with related scores, audio and video as well as a useful glossary,
commentary and updates on current events.
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Primary Legal Sources: In this course we will be making heavy use of primary legal
materials (case law and statutes) from Canada and the United States:
o Canadian Copyright Act. Available via http://canlii.org
o Canadian Case Law: Selected Canadian Copyright cases will be studied
throughout the term which will also be available via http://canlii.org .
o United States Copyright Act. (United States Code, Title 17) Available online at
http://www.law.cornell.edu/uscode/html/uscode17/usc_sup_01_17.html
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Additional readings will be placed on reserve in the Law Library, be available online, be
accessible through UWO libraries online databases, or be distributed in class. It is the
responsibility of students to make their own copies of the readings. Supplemental
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readings will provide additional context for course topics and the individual research
interests of each student. The development of the reading list for this course should be
thought of as a continual work in progress. Each student should meet with the instructor
early in the term to discuss their individual plan of study which will include a case report,
an article report, and a short presentation, and culminate in a paper to be handed in the
last day of class.
Websites & Blogs:
Music copyright is a highly dynamic area of law. Given the fast pace of change, online
resources are becoming increasingly significant in the field. You should become familiar
with several resources on the internet including blogs, news sources and organizational
webpages.
Relevant news sites include http://www.techdirt.com/, http://arstechnica.com/ and
http://www.zdnet.com/
Some other websites dealing with copyright and related topics are
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http://michaelgeist.ca
http://excesscopyright.blogspot.ca/
http://www.iposgoode.ca
http://arielkatz.ca,
http://www.ipbrief.net/
http://the1709blog.blogspot.ca/
http://www.musiclawupdates.com
http://fairduty.wordpress.com/,
http://www.digital-copyright.ca/
http://samtrosow.wordpress.com.
.
Music 4720B
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Music 4720B Winter 2016 -- Tentative Class Schedule
(Chapters refer to Murray & Trosow)
Jan 6*
Course Overview and Introduction Overview of Canadian Legal System
Using the course resources
Jan 13*
First pass through the Canadian & U.S. Copyright Acts
Reading and reviewing a judicial decision:
CCH v Law Society of Upper Canada (2004 SCC 13)
Distribution of Case Review and Article Review Assignments
Jan 20 *
Overview of Basic Copyright Concepts
Discussion of Cases Reviewed
Jan 27
Copyright’s Rationales & Histories:
(Chapters 1 & 2)
The Philosophical, Economic & Historical Foundations of Copyright
Feb 3
Copyright’s Scope: (Chapter 3)
Subject matter (works, performers’ performances, sound recordings and
broadcast signals).
The idea/expression dichotomy originality, fixation, duration and
formalities.
Determining Ownership and Assignments (Chapter 7)
Feb 10
Owners’ Rights: (Chapters 4 & 8)
Owners’ economic rights in works and other subject matter
Authors’ moral rights in works and other subject matter
Infringement of Works, Sound Recordings & Performances
Enforcement of Owners Rights
Music 4720B
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Music 4720B Winter 2016 -- Tentative Class Schedule (cont’d)
Feb 17
No Class: Reading Week
Feb 24
Collectives and the Copyright Board:
(Chapter 6)
Administration of Musical Works, Performances & Sound Recordings
Liability for Downloading and Streaming
March 2
Users’ Rights:
(Chapters 5, 15 & 16)
Defense to Infringement and Users’ Rights: Fair-dealing//Fair-use and
other limitations and exceptions to owners’ exclusive rights.
Special exceptions for Education and Libraries, Archives & Museums
March 9
Defenses/Users’ Rights (Cont’d)
Non-Commercial User-Generated Content Exception to Infringement
March 16
Review of selected U.S. Fair Use Cases
March 23
Digital Media, Multi-Media,
(Chapters 9, 10 & 11)
Digital Rights Management & the Anti-Circumvention Rules
Multi-media presentations
March 30 & April 7
Alternatives to Copyright & Future Issues
(Chapters 17 & 18)
April 13
Final Class Session
Course Wrap-up
* These sessions are set for the students enrolled in Music 4720B. The law students are enrolled
in separate courses during a special January term and will be joining the course on January 27th.
Music 4720B
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Other Course Policies
Attendance: Class will be conducted as a forum for discussion. Students are expected to have read the
assigned material, as well as other relevant materials, and come to class prepared to
discuss/critique/synthesize these readings. Discussions will involve such things as clarifying or defending
points of view, commenting and/or critiquing the literature, analyzing perspectives brought up in the
literature and by classmates, and identifying what is missing from the debate.
Factors to be considered in class participation assessment include, but are not limited to: positive presence
(attentive, participatory, and engaged), preparation, attitude, group interaction, and contributions (i.e.
active participation, bringing outside sources into class for possible discussion and analysis, etc.). Note
that attending class does not generate any credit for participation as attendance is itself mandatory.
Students needing to negotiate legitimate absences need to inform the instructor in advance in order to
arrange for make-up work. Students who are absent or late without permission or explanation will have
marks deducted from their participation grade.
Electronic Devices: The use of electronic communications device in class is prohibited. Please turn off
such cell phones before entering the classroom. Laptop, notebooks, iPads and other like devices are
permitted provided that they are used for the enhancement of learning the material presented in class.
Accessibility: For issues concerning accessibility on campus, please visit http://www.accessibility.uwo.ca
Religious Accommodation: Students may be excused to observe a religious holy day of his/her faith
without penalty provided they notify the instructor in advance. Students will be held responsible for
material covered in their absence and each student shall be permitted a reasonable amount of time to
make up missed work.
Accommodation for Medical Illness: The Policy on Accommodation for Medical Illness can be found at
https://studentservices.uwo.ca/secure/index.cfm. Accommodation for medical illness of work worth 10%
or more of the total course grade is detailed in the following document:
www.uwo.ca/univsec/handbook/appeals/accommodation_medical.pdf.
Accommodation for medical illness of work worth less than 10% of the total course grade will be
determined by the instructor in consultation with the student. Medical documentation will not be required.
In most of such cases, students will be given extra time to make up for missed work.
Mental Health: Students that are in emotional/mental distress should refer to Mental Health@Western
http://www.uwo.ca/uwocom/mentalhealth/ for a complete list of options about how to obtain help.
Plagiarism: Plagiarism is a serious academic offence. The University’s plagiarism policy requires
instructors to remind students that: “Students must write their assignments and essays in their own words.
Whenever students take an idea or a passage of text from another author, they must acknowledge their
debt both by using quotation marks where appropriate and by proper referencing such as footnotes or
citations. Students are directed to read the appropriate policy, specifically, the definition of what
constitutes a Scholastic Offence, as found at:
http://www.uwo.ca/univsec/handbook/appeals/scholastic_discipline_undergrad.pdf
Music 4720B
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