Intellectual Property Law
LLB
Coursework Assessment
Level
6
2018-19
Intellectual
Property Law
Information about the assignment:
Question:
The Spice Girls are an English pop girl group formed
in 1994. The group is comprised of Scary Spice, Sporty Spice, Baby Spice,
Ginger Spice, and Posh Spice. The pop group dominated the music charts in
the late 1990s with their catchy lyrics and fierce attitudes. They released
their debut single “Wannabe” in 1999, which hit number one in 37 countries and
established their global success. Their debut album “Spice” sold more than 30
million copies worldwide, becoming the best-selling album by a female group in
history. The group have been active since 1996, and have a loyal following,
though they mostly do not play in provincial but in the best live music venues.
Measures of their success include international record
sales, merchandising and iconic symbolism such as Ginger Spice’s Union Jack
Dress representing girl power. The group had a revolutionary signature song
“Viva Forever”, which they often play at the beginning of every concert. Viva
Forever authoured and produced by their manager, Simon Fuller comes with it a
unique cultural touchstone that simply links generations in a society. In a
comeback and reunion tour held at the Grand Opera House on 18 June 2018,
Maxine, a loyal follower of the group attended the concert and captured Viva
Forever on her phone. Maxine has a separate demo she wishes to complete Form
P-04 for registration.
Simon Fuller and the group have recently become
aware of the existence of another band called “Spiky Gals” who have been
playing concerts at some provincial venues. Spiky Gals musical set consists of
parodies of tunes played by the Spice Girls, but they also do play a version of
Viva Forever at the beginning of their show. Their concerts are always sold out
and internet reviews of the Spiky Gals show that members of the public believe
them to be the same as or related to the Spice Girls. Spiky Gals have received
a letter cease and desist (letter before action) from Simon Fuller advising
that “Your parody of our tunes and Viva Forever is considered as copyright
infringement”.
Advise Maxine and the Spiky Girls as to the
following:-
a) Whether
Maxine has any rights over the Viva Forever captured on her phone and any
requirements for copyright protection of her demo.
b) Whether
Simon Fuller can take copyright infringement action against them for their use
of Viva Forever.
c) Whether
Spiky Gals can rely on any copyright exceptions to avoid liability for a
potential infringement action.
Word Limit: 1500 words excluding footnotes and
bibliography.
How to submit:
Presentation
The assignment
itself should be a Word document in Arial font size 11 with double line spacing
to allow for the markers’ comments.
Your name must
not appear on your assignment. All assessed coursework is marked
anonymously and you are allocated an exam number for this purpose for each year
of the programme. This number will be available to you via the student
record system. Please be aware that your exam number will therefore
change for each academic year you are studying. The exam number is not to
be confused with your student registration number on your ID card.
Your exam number
and module name should appear at the top of every page of your essay and each
page should be numbered. This is best achieved by use of the header and
footer tool. You are also required to put your exam number and module
title in the file name of your assignment when submitting on StudyNet (e.g. EU
Law 640101.doc).
Students are
required to submit their written coursework work electronically via StudyNet.
All feedback and
grades will be released through StudyNet.
Referencing
All quotations
from, or use of other writers’ work must be properly referenced- that is, you
must give the author, title, and date of publication of the work concerned, and
the page or section number of the passage quoted or cited. Reference style
should remain consistent throughout each submitted essay.
Your coursework
answer should be properly referenced using the Oxford Referencing System
(OSCOLA) see www.law.ox.ac.uk
You should
include a full bibliography at the end of your work.
Collusion:
Evidence of the representation by an individual of
work which he or she has undertaken jointly with another person as having been
undertaken independently of that person.
Results and Feedback
Students’ coursework will be returned to them together
with feedback through Study Net no later than four (4) calendar weeks (20
working days) after the submission deadline.
Any exceptions to this must be agreed by the Associate Dean of School
(Academic Quality Assurance) and notified to students in advance of the
expiration of the four (4) week period.
For work of an on-going nature, such as a major project or dissertation,
supervising staff will ensure that students are provided with feedback at
interim stages.
LLB Programme Handbook
More guidance on the School Assessment policies is
available in the LLB Programme Handbook which is available on StudyNet.
Expectations of written
assessment at Level 6
|
Presentation
& structure
Includes:
|
Content
/ Knowledge
Includes:
|
Breadth / Depth &
Integration of Sources
includes:
|
Application, Analysis & Synthesis
Includes:
|
Presentation
of References
Includes:
|
|
Structure work to
present a convincing argument which considers alternative viewpoints
Use a balanced
structure to support the developing argument
Demonstrate
proficiency in the use of legal and academic language
Present work in
an academic format with good use of footnotes and clear formatting
|
Identify the legal
or other relevant issues raised by the question
Attach
appropriate emphasis to each issue depending upon its significance in the
discussion
State the law or
other sources accurately and in appropriate detail
Provide a
persuasive arguments towards a well reasoned and supported conclusion
|
Demonstrate a
wide use of texts and legal or other sources
Aim for a sharply
focused analysis of the issues raised by the question
Integrate
supporting material concisely and
relevantly into your argument
|
Application:
Make good use of
supporting sources for each issue you raise
Analysis:
Use your material
to demonstrate your understanding of the significance of the different issues
in the question
Synthesis:
Bring together
the competing arguments within the question, providing an overall viewpoint
in your conclusion
|
Use a full range
of footnotes to cite your references from as wide a range of reading as
possible
Include all
references in your bibliography
Use the OSCOLA
referencing system – information available on Studynet under Learning
Resources and the Law Subject Toolkit
|
|
Key tips:
Ensure your work
appears well presented with appropriate length paragraphs
Spell check your
work and check for grammar and sentence construction
Ensure your spell
checker is set to English UK
Double check
unusual words such as case names
Make more
substantial use of footnotes than at levels 4 & 5
Avoid
inappropriate abbreviations
|
Key tips:
Aim for a balance
of appropriate detail highlighting the issues from your sources depending on
the significance of the issue to the answer
Aim for synthesis
in your answer highlighting and bringing together any potential irresolvable
issues
Avoid including
irrelevant material to the question set
|
Key tip:
For a higher mark
you will need to show evidence of reading well beyond the basic texts and
leading cases or other sources
Research as widely as possible to find
relevant material to support your answer outside of those supplied to you
through the module
|
Key tips:
Review the
instruction in the Q – synthesis involves bringing together analysis and
application to a reasoned argument or conclusion. You may see instructions such as
‘Determine’, ‘Explore’,
‘Justify’
In a problem
question scenario, you need to apply and analyse as at Level 5 but then bring
together the competing arguments for and against the party you are asked to
advise with a comprehensive and detailed conclusion
|
Key tip:
Avoid plagiarism
Ensure you use
the detail of the referencing system including references quoted in other
sources you have used
|
If this is an
individual piece of work ensure you avoid collusion when preparing and writing
your answer
Detailed criteria
on mark ranges below:
Written work
Assessment and Grading Criteria: Level 6
|
Numeric
Grade
|
Grade
Descriptor
|
Written Work Level 6 Grading Criteria
|
||||
|
Presentation
& structure
|
Content
/ Knowledge
|
Breadth / Depth &
Integration of Sources
|
Application, Analysis & Synthesis
|
Presentation
of References
|
||
|
80-100
|
Outstanding
work
|
Outstanding
presentation & clarity.
No significant
grammatical / spelling errors.
|
Outstanding exploration of topic showing excellent knowledge &
understanding.
|
Outstanding breadth & depth of sources used. Outstanding
integration of sources into work.
|
Outstanding level
of application, analysis & synthesis
Highly developed
/ focused work.
|
Outstanding
standard of referencing within text with accuracy to those on list.
Accurate list
& use of recommended referencing system.
|
|
70-79
|
Excellent work
|
Excellent
structure.
Fluent writing
style with very few errors.
|
Excellent level
of knowledge & demonstrated.
Covers all relevant points & issues.
|
Excellent breadth
& depth.
Excellent integration
of sources into work.
|
Excellent level
of application, analysis &
synthesis of issues.
|
Excellent standard
of referencing within text with accuracy to those on list.
Accurate list & use of recommended referencing system.
|
|
60-69
|
Very good work
|
Very good clear
structure.
Articulate &
fluent writing style. Very few grammatical errors & spelling mistakes.
|
Very good level of knowledge & understanding demonstrated. Some minor issues not fully explored or
applied
|
Very good breadth
& depth appropriate to topic.
Sources
integrated very well.
|
Very good level
of application, analysis & synthesis, but not consistently taken to full
extent.
|
Very good standard
of referencing within text with general accuracy to those on list.
Use of
recommended referencing system.
|
|
50-59
|
Good work
|
Good clear
presentation &structure with paragraphing.
Writing is mainly
clear but some spelling &/ or grammatical errors.
|
Good level of knowledge &
understanding demonstrated. Most major issues explored with some minor
aspects not considered
|
Good breadth
& depth appropriate to topic.
Sources
integrated well.
|
Good level of
application, analysis & synthesis but some issues could be addressed or developed
further.
Some minor
omissions.
|
Good standardof
referencing within text with most accurate to those on list.
Use of
recommended referencing system.
|
|
40-49
|
Satisfactory work
|
Satisfactory but
a
basic structure.
Not always
written clearly & has grammatical & / or spelling errors.
|
Satisfactory
level of knowledge & understanding but with limited integration into
topic set. Some major issues not fully
explored and minor issues omitted.
|
Satisfactory
breadth & depth appropriate to topic.
Sources integrated
in some places.
|
Satisfactory level
of application, analysis & synthesis but some matters superficially
addressed or omitted
|
Basic referencing within text & consistent use of referencing
system.
Some inaccuracies in recording.
|
|
30-39
|
Marginal Fail
|
Weak format,
limited or poor structure.
Muddled work with
many spelling & / or grammatical errors.
|
Unsatisfactory
evidence of knowledge & understanding with limited exploration or
omission of the major issues
|
Limited or
muddled understanding of the topic with limited reference to relevant sources
with some irrelevant to topic.
|
Limited evidence
of application, analysis & synthesis
More development
& comment needed. Answer generally limited to accurate description.
|
Use of referencing
system with errors & inconsistently applied. Limited referencing within
the text. Limited accuracy of in-text references compared to those in the
final Reference list.
|
|
20 – 29
|
Clear Fail
|
Inadequate format & poor paragraphing / signposting.
Inappropriate writing style
Poorly written &/or poor spelling & grammar.
|
Inadequate
evidence of knowledge & understanding with very limited exploration or
omission of the major issues.
|
Very limited
understanding of topic with very limited reference to relevant sources and
possible reference to irrelevant sources
|
Inadequate.
Very limited
evidence of application, analysis & synthesis
Answer generally limited to description, some of which is inaccurate.
|
Inadequate
Inaccurate use of referencing system or absence of use of system
|
|
1 – 19
|
Little or Nothing of merit
|
Nothing of merit.
Poorly written work, lacking structure, paragraphing / signposting.
Many inaccuracies in spelling & grammar.
|
Nothing of merit.
No evidence of appropriate knowledge & understanding.
|
Nothing of merit
No breadth or
depth to answer nor reference to relevant sources.
|
Nothing of merit.
No evidence of application, analysis & synthesis
|
Nothing of merit
Referencing system was not or very poorly used.
|
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