Presentation Requirements: Word Limit: 1500 Font Size: Arial 12 Line Spacing: Si
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Word Limit: 1500
Font Size: Arial 12
Line Spacing: Single
Structure and Weighting of the Assessment A Note of Advice to a fellow lawyer (1500 words) OPTION 2
You are working as part of the legal team that represents the celebrity graffiti artist, Pasha. Due to the need for speed in producing the graffiti, Pasha makes plastic templates then he and his helper, Dave, use these to spray paint the graffiti on local walls. Pasha and Dave have had a falling out and Dave is now claiming that he is the joint owner of the paintings as he helps create the original graffiti. Also, Pasha has seen copies of his graffiti paintings on the website of Aston Street Crew (ASC), a local voluntary artist group. Your senior partner asks you to summarise the law for him on behalf of Pasha in order to advise him about:
a) any subsistence of copyright in the paintings, b) whether Dave has any rights, and c) what action, if any, could Pasha take against ASC. As your audience is a lawyer you should use primary sources of law. He advises you to use about 40% of your work on issue a) and 20% on each of issues b) and c). You should reference your cases using the OSCOLA system. You may write in the first or third person. You may also use opinion from commercial sources of reasonable validity.
Intellectual Property Law: Assessment Criteria
Mark Class Descriptor
Less than 40% Fail The student has not demonstrated that s/he has engaged with the essential reading. Any attempt to identify the relevant points is superficial, and demonstrates an artificial understanding of the contents of the modules. Whilst primary and secondary sources may be referenced, there is no demonstration of any critical evaluation or understanding of these sources.
40-49% Third The student has shown that s/he has critically engaged with the entire relevant core reading. An attempt to identify some relevant points. However, on the whole the work is too descriptive and lacks critical analysis of the sources and literature used. 50-59% Lower Second Class In addition to including and addressing the key requirements above, the student has demonstrated a good grasp of the subject knowledge, which has been supported by some references to further reading and research. Presentation and organisation of the answer is clear, with the majority of the issues made in a clear and coherent manner.
60-69% Upper Second Class In addition to the requirements above, the student has demonstrated a very good understanding of the subject knowledge, which is supported by reference to wider reading and research. Issues are understood and critically analysed in a comprehensive and intelligent manner. All the major points are covered at a high standard in a well-presented and organised answer. The writing demonstrates the students’ ability to write a coherent legal argument, involving analysis, synthesis and evaluation. 70+ % First Class In addition to the requirements above, the student has demonstrated an outstanding understanding of the subject knowledge, which is supported by an exemplary standard of wider reading to support in depth legal arguments. All major points are covered in an answer that has been written at a high standard of English and organised in an excellent manner. There is substantial evidence of personal interpretation, synthesis, evaluation and critical analysis of legal sources and academic synthesis, evaluation and critical analysis of legal sources and academic literature.