LAWS6006 : Advanced Intellectual Property Copyright Issues Identification - Law Assignment Help

Assignment Task:

Task:

Learning Outcomes
LO1: analyse the principles and concepts of core intellectual property rights
LO2: apply intellectual property principles to transactional contexts
Question:

• Pansy and Posy are the stars of the hit TV show, ‘P’s Place’. They have become hugely popular in a short amount of time since launching the show in 2019. The show is aimed at girls between 10 and 16 years of age. Pansy and Posy say they owe their success to the breadth of the show which incorporates so much more than the everyday ‘run of the mill’ fashion and gossip that most shows targeting that age group offer. Programs include scientific experiments, inventions, self-defence, music, making clothes, cooking, biology, etc.
• Prenilla is a marketing coordinator. She has recently applied for a position with Pansy and Posy as their new direct and digital marketing manager. She was very disappointed to find out that her application has been refused and that she did not get the position. Eager to have Pansy and Posy reconsider, Prenilla decides to take steps to impress Pansy and Posy and creates a social media channel to increase Pansy and Posy’s fanbase. The channel provides some of Pansy and Posy’s best recipes; clothing designs and shows clips of selected part of their shows. Prenilla is confident that this will get her the job!
• Prenilla is very excited when Pansy and Posy get in touch with her only to find out that Pansy and Posy are extremely angry and are demanding that she remove all content from the social media channel. Pansy and Posy are claiming that use of the content on the social media channel is a breach of copyright laws. Prenilla now realises that her chances of employment with Pansy and Posy are non-existent, but given its initial success, she wishes to continue with the social media channel.
• You are required to identify and briefly explore all relevant copyright issues from the above facts.
• Some further guidance:
• This assignment applies the materials covered in Week 1 on copyright. Although the facts also lend themselves to passing off, you do not need to cover passing off in your answer. Restrict your answer to copyright law only (case law and legislation).
• This assignment is an ‘issue-spotting’ exercise gleaned from the facts above. Relevant issues include the subsistence of copyright in Section 32 works, Part IV subject matters other than works, and general copyright principles such as originality, material form, ownership, and so on.
• Referencing must be in accordance with AGLC (a copy of which is available under the myReadings tab).
• Prescribed reading materials:
• Reading materials from Module 1.
• Prescribed Readings Week 1
• Rubric
• Criteria High Distinction Distinction Credit Pass Fail
• Style (10%)
• Clear, coherent and concise writing style
• Correct grammar, spelling and punctuation
• Correct and appropriate use of referencing The paper is well written, clear and coherent and The is void of any grammatical and spelling mistakes This paper is generally well written and well explained although some further clarity would have been good in parts. A few grammatical and spelling mistakes can be found. The paper communicates concepts effectively. Some grammatical and spelling mistakes can be found. The paper communicates main concepts, however further clarity needed places. A number of grammatical and spelling mistakes can be found The paper is not well explained and struggles to communicate main concepts and arguments. A significant number of grammatical and spelling mistakes can be found.
• Structure (10%)
• Coherent and logical structure
• Description followed by critique of applicable concepts/theory The paper is well structured and demonstrated strong logic, coherent argument, with very minor logical fallacies. The paper is well structures and demonstrated strong logic, coherent argument, with very few logical fallacies. A logical structure is present, but some logical fallacies can still be found. A skeletal logical structure is present, but the paper is marked by a lack of a rigorous logical flow. Although an embryonic logical structure is present, the paper is still highly confused.
• Understanding (50%)
• Demonstrates accurate understanding of legal issues
• Demonstrates accurate understanding of the applicable concepts/theories
• Deals effectively with complexity of issues
• Demonstrates critical thought A nuanced, deep and insightful independent argument is present. The paper shows a very advanced understanding of the issues raised by the essay question. An advanced independent argument is present. The paper shows a good understanding of the issues raised by the essay question. An independent argument is present. The paper shows an understanding of the issues raised by the essay question. Further depth, and insight would improve the paper further. An independent argument is present, albeit not a particularly advanced and/or nuanced one. The paper shows a general understanding of the issues raised by the essay question. Further engagement with a range of issues raised by the essay question is required. An independent argument is somehow present, but is unclear. The paper fails to demonstrate appropriate depth, understanding or insight in relation to the essay question.
• Appropriate used of legislation and case law (30%)
• Makes reference to unit materials as appropriate
• Make reference to appropriate legislation and case law as needed All points have been properly and aptly supported by the use of relevant sources.
• All sources have been properly acknowledged Points are well supported. More nuanced sources and a more strategic use of these sources (with appropriate quotations) would strengthen the paper further. Most points are supported by the use of relevant sources and most sources are properly acknowledged
• Relevant sources are present and basically acknowledged A more advanced and consistent use of source materials is necessary to improve the paper. Ideas and doctrines from the unit content are used inappropriately and/or crucial ideas are missing.
• Grading Standards
• Fail: The student's performance fails to satisfy the learning requirements specified.
• Pass: The student's performance satisfies all of the basic learning requirements specified and provides a sound basis for proceeding to higher-level studies in the subject area. The student's performance could be described as satisfactory or adequate or competent or capable in relation to the learning requirements specified.
• Credit: The student's performance, in addition to satisfying all of the basic learning requirements specified, demonstrates insight and ability in analysing and applying relevant skills and concepts. The student's performance could be described as better than satisfactory or adequate or competent or capable in relation to the learning requirements specified.
• Distinction: The student's performance, in addition to satisfying all of the basic learning requirements, demonstrates distinctive insight and ability in analysing and applying relevant skills and concepts, and shows a well-developed ability to synthesise, integrate and evaluate knowledge. The student's performance could be described as distinguished in relation to the learning requirements specified.
• High Distinction: The student's performance, in addition to satisfying all of the basic learning requirements, demonstrates distinctive insight and ability in analysing and applying relevant skills and concepts, and shows exceptional ability to synthesise, integrate and evaluate knowledge. The student's performance could be described as outstanding in relation to the learning requirements specified.

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