DSGN07097 2019 Legal Issues for Creative Industries

General Details

Full Title
Legal Issues for Creative Industries
Transcript Title
Legal Issues for Creative Indu
Code
DSGN07097
Attendance
N/A %
Subject Area
DSGN - Design
Department
YADA - Yeats Academy Art Dsgn & Arch
Level
07 - NFQ Level 7
Credit
05 - 05 Credits
Duration
Semester
Fee
Start Term
2019 - Full Academic Year 2019-20
End Term
9999 - The End of Time
Author(s)
Diarmuid Timmons, Louis McManus, John Weir
Programme Membership
SG_DCRDS_B07 201900 Bachelor of Arts in Creative Design SG_DCRDS_H08 201900 Bachelor of Arts (Honours) in Creative Design
Description

The purpose of this course is to give the student an introduction to law, the Irish legal system and the role of the European Union in the formation of legislation. The student will be introduced to the basic principles of contract law, negligence, product liability and intellectual property law.  It is intended that this module will create an awareness of where legal expertise may need to be sought.

Learning Outcomes

On completion of this module the learner will/should be able to;

1.

Demonstrate knowledge and understanding of the Irish legal system, EU law and the administration of justice in Ireland;

2.

Apply the fundamental principles of contract law and tort law in a Design context;

3.

Analyse key issues in relation to intellectual property in the context of Creative Design;

4.

Evaluate salient factors which influence decision making within a legal environment.

Teaching and Learning Strategies

Students participate in an active learning environment. Active Learning may be described as anything that students do in a classroom other than merely passively listening to an instructor's lecture. It has been shown that active learning improves students' understanding and retention of information and can be very effective in developing higher order cognitive skills such as problem solving and critical thinking.  Moodle will be used as a repository for educational resources.

Module Assessment Strategies

A combination of module appropriate assessment procedures will facilitate the assessment of learning outcomes of this module.  The module is 100% continuous assessment.

There will be two quizzes and a written report.

Repeat Assessments

Repeat report covering all learning outcomes.

Indicative Syllabus

1. Introduction to law and the Irish legal system

 

  • Sources of law
  • The Irish Constitution
  • Personnel of the law
  • The Irish court system
  • EU law

 

2. The fundamental principles of contract law

 

  • The essential elements of a legally binding contract
  • Terms of a contract
  • Exemption clauses and contracts in restraint of trade
  • Termination of a contract and remedies for breach of contract

 

3. The fundamental principles of tort law

 

  • Principles of the law of negligence
  • Product liability
  • Passing off

 

4. Intellectual property

 

  • Importance of IP
  • Trademarks, Design, Patents and Copyright
  • Domestic and international protection of IP

 

 

5. Health and safety legislation

 

  • Safety, Health and Welfare at Work Act, 2005
  • Safety, Health and Welfare at Work (General Application) Regulations, 2007
  • Duties and functions of the Health and Safety Authority
  • Obligations on employers and employees
  • Hazard identification and risk analysis
  • Preparation of safety statement

Coursework & Assessment Breakdown

Coursework & Continuous Assessment
40 %
End of Semester / Year Formal Exam
60 %

Coursework Assessment

Title Type Form Percent Week Learning Outcomes Assessed
1 Short test Continuous Assessment Closed Book Exam 20 % Week 5 1
2 Short test Continuous Assessment Closed Book Exam 20 % Week 10 2,3
             

End of Semester / Year Assessment

Title Type Form Percent Week Learning Outcomes Assessed
1 Exam Final Exam Closed Book Exam 60 % End of Term 1,2,3,4
             
             

Full Time Mode Workload


Type Location Description Hours Frequency Avg Workload
Lecture Not Specified Lecture 3 Weekly 3.00
Total Full Time Average Weekly Learner Contact Time 3.00 Hours

Required & Recommended Book List

Recommended Reading
2014-09-30 Byrne and Mccutcheon on the Irish Legal System Bloomsbury Professional
ISBN 1780435002 ISBN-13 9781780435008

Byrne and McCutcheon on the Irish Legal System, 6th edition provides an excellent introduction to the legal system in Ireland and is essential for any student starting legal studies in Ireland. Beginning with an overview of the Irish Legal system and its history, it proceeds to discuss the profession and the law officers of the state including changes in the organisation of the profession in other common law states. It includes all the changes to the court systems and structure, Irish Constitution and EC Law since the last edition published in 2009. Byrne and McCutcheon on the Irish Legal System is an invaluable introduction to the law and provides an accessible and comprehensive point of reference for practitioners and students alike and is an essential text for students of Irish law. Key legislation and case law includes: Legal Services Regulation Bill 2011; The Thirty-Third Amendment of the Constitution (resulting in the creation of a new Court of Appeal); Arbitration Act 2010. Previous edition ISBN: 9781845922788

Recommended Reading
2008 Contract Cases and Materials
ISBN 0717143783 ISBN-13 9780717143788

This updated edition enables greater understanding of key points, while also retaining the essence and core of each judgment in question.

Recommended Reading
2005-01-01 A Case Book on the Irish Law of Torts Bloomsbury Professional
ISBN 1845920317 ISBN-13 9781845920319

The companion volume to the same authors' Law of Torts, this highly practical book also works effectively as a stand-alone reference guide, and contains over 150 new cases. It is designed to be used in partnership with The Law of Torts, is fully cross-referenced, and even shares the same chapter headings to ensure you can find invaluable reference information quickly and accurately. Every major case that has affected the law of torts in Ireland can now be found in one user-friendly single reference source for the first time.

Recommended Reading
2016-10-27 Intellectual Property Law in Ireland Bloomsbury Professional
ISBN 178043541X ISBN-13 9781780435411

Intellectual Property Law in Ireland, 4th edition is a detailed guide to patents, copyright and trademark law. It covers all relevant European legislation and traces its weaving into Irish law. It details European case law together with relevant case law from commonwealth countries, as well as detailing any Irish cases on the three areas and also covers design law. It outlines the workings of the patents, copyright and trademark offices in Ireland. It is laid out in a practical and user-friendly way, with each section separate, but cross-referenced where necessary.Contents includes:Patents: A Brief History and Introduction; The Irish Patent System and International Conventions; The Patents Act 1992 - Patentability; Patents Act 1992 - Acquisition of Patent Rights; Patents Act 1992 - Maintenance and Dealings in Patents; Patents Act 1992 - Infringements and Remedies; Patents Act 1992 - Revocation and Proceedings before the Controller and Courts; Patents Act 1992: Voluntary and Compulsory Licences;Introduction to Copyright; The Copyright Term; Protected Works - Literary and Artistic Works; Protected Works - Neighbouring Rights, State Copyright, Performers' Rights; The Protection of Computer Programs as Copyright Works; Databases; Ownership and Dealings in Copyright Works; Infringement of Copyright; Defences to Copyright Infringement; Remedies for Copyright Infringement; Moral Rights and the Droit de Suite; Copyright - Irish Legislative Developments in the Twentieth Century; Semiconductor Chip Protection; Industrial Designs; The Duty of Confidence; Remedies in Tort;Introduction to Trade Mark Law; Irish Trade Mark Law and International Conventions The Community Trade Mark; Trade Marks Act 1996 - Registrability; Trade Marks Act 1996: Absolute Grounds for Refusal of Registration; Trade Marks Act 1996: Relative Grounds for Refusal of Registration; Trade Marks Act 1996: Infringement and Remedies; Trade Marks Act 1996: Limitations On Rights Conferred; Trade Marks Act 1996: Registration Procedure and Ownership; Trade Marks Act 1996 - Revocation and Invalidity; Certification and Collective Marks; Geographical Indications and Appellations of Origin; Taxation and Intellectual Property Rights.Previous print edition ISBN: 9781847663665

Module Resources

Journal Resources

https://webjournal.patentsoffice.ie/

URL Resources

https://www.patentsoffice.ie/en/

https://www.wipo.int/portal/en/index.html

https://euipo.europa.eu/ohimportal/en

https://europa.eu/european-union/law_en

http://www.irishstatutebook.ie/

http://www.courts.ie/