Theory of Transnational Markets and Civil Society IV

Class 1 (online) – 8 October – Introduction to Law & Culture in the Asia-Pacific: This class will provide an overview of the course, including course content, materials and assessment. It will also introduce students to the concept of the ‘culture industry’ and the basics of the legal areas that will be explored in future classes. Class 2 – 15 October – Art, Part I: Art is a traditional cultural industry, but the law protects very specific types of art. In this class we will learn the basics of copyright law, how it applies to art, and what is protected and left unprotected in this area. Class 3 – 22 October – Art, Part II: In this class we will examine art in the context of representations of Indigenous culture heritage across several countries, including Australia, and how the law often fails in adequately protected these creations. Class 4 – 29 October – Music: In this class we will examine the disconnect between the production of music and what is protected by law. We will consider authorship, ownership and infringement of music, including how this impact the copying of oral songs and traditions. Class 5 – 5 November – Books & Publishing: In this class we will examine the book and publishing industry, and how it interacts with law. Books are a ‘classic’ cultural industry with extensive protection under law, but that protection does not extend to facts, ideas or concepts. Class 6 – 12 November – Film & Television: How have the Internet, illegal downloading and streaming services impacted film and television creation and distribution? What countries have thrived in this context, and what countries are concerned for their national identity onscreen? In this class we will examine these issues, focusing on Australia, South Korea, Japan and Thailand. Class 7 – 19 November – Franchises: This class will introduce the ‘modern entertainment franchise’ (for example, Marvel, Harry Potter) and how this has challenged both culture and law. [No class 26 November] Class 8 – 3 December – Fan Cultures and User-Generated Content, Part I: This class will introduce students to the explosion of fan culture online and the rise of user-generated content through platforms including YouTube and Instagram. Class 9 – 10 December – Fan Cultures and User-Generated Content, Part II: This class will examine how law facilitates, or prohibits, developing fan cultures and user-generated content. Class 10 – 17 December – Food: This class will explore whether food should be considered a culture industry, and how food is protected under different legal regimes, including as geographical indications. Class 11 – 24 December – Fashion and Clothing: Should fashion be considered a culture industry? How are traditional national or cultural garments protected under law? Class 12 – 7 January – Cultural heritage and traditional knowledge: This class will revisit themes on the protection of Indigenous cultural heritage and traditional knowledge that have been considered in previous classes, with a view to mapping protection across different countries in the Asia-Pacific. Class 13 – 14 January – Course conclusion: In this class we will reflect on course topics and themes.

There will be one 90-minute class per week. Classes will be taught seminar-style with regular opportunities for student discussion and participation.

There are two assessments for the course: 1) Research Essay Plan (30%) Students will select a research essay question from a series of set questions based on course topics, and complete an essay plan incorporating their initial thoughts about and research on that question. 2) Research Essay (70%) Students will complete a research essay on the same question selected for the research essay plan. Further information on assessment will be provided in Class 1.

There is no set textbook for the course. Students will be expected to complete a set reading prior to attending each class. A full course reading guide with links to materials will be made available on UTOL at the start of the semester.

Kathy Bowrey, Michael Handler, Dianne Nicol, Jane Nielsen and Kimberlee Weatherall, Australian Intellectual Property: Commentary, Law and Practice (Oxford University Press, Melbourne, 3rd edition, 2021) Terri Janke, True Tracks: Respecting Indigenous knowledge and culture (UNSW Press, Sydney, 2021) Tianxiang He, Copyright and Fan Productivity in China: A Cross-jurisdictional Perspective (Springer, Singapore, 2017) Kung-Chung Liu, IP Laws and Regimes in Major Asian Economies (Routledge, Oxon, 2023)

Students must complete all required preparation prior to class and are expected to engage in both large group discussion and small-group structured activities. No prior legal knowledge is required to take this course.

Class 1 will be held online. From Class 2 all classes will be held in person.