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Course # / Title: |
MBU4630 - 01/Legal Issues in the Entertainment Industry |
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Course Credit Hours: |
3 Semester Hours |
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Semester: |
FALL 2008 |
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Instructor: |
David J. Moser, J.D./B.F.A. |
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Instructor Contacts: |
Massey College of Business, Rm. 242; 460-5439 (office) or 498-3006 (cell phone); moserd@mail.belmont.edu |
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Instructor Office Hours: |
Monday & Wednesday 2:00 – 5:00; Other times by appointment |
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Class Location: |
Massey College of Business, Room 242 |
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Meeting Time(s): |
Wed. 6:30 – 9:00 p.m. |
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Final Exam: |
Wed., December 10, 2008; 7:00 – 9:00 p.m. |
Course Description: Prerequisites: MBU 1110, MBU 3520. This course provides a comprehensive overview and analysis of advanced legal issues in the music and entertainment industries. Some of the topics covered include the role of entertainment attorneys, recording contracts, producer and production company contracts, contracts with minors, movie & television industry structure and contracts, right of publicity, merchandising and endorsement agreements, right of privacy, freedom of speech, defamation, indecency, obscenity, and payola.
Course Outcomes: At the end of this course students shall be able to: Identify and analyze legal issues common to the entertainment industry; Apply legal concepts and business practices to factual and hypothetical entertainment situations and disputes; Identify and explain the main provisions of different types of entertainment industry contracts; Compute basic royalty calculations common to the music industry; Compare and contrast some of the main legal issues (compensation, credit, etc.) relevant to different areas of the entertainment industry (e.g., music, film and television), and; Evaluate, critique and defend approaches to regulation and censorship of entertainment content.
Performance Tasks: During this course, the student will: Discuss information covered in class and in assigned reading materials; Analyze situations and apply knowledge from the class to answer questions on exams and assignments; Summarize, analyze and evaluate information covered in class and assigned readings; Collaborate with other class members in the negotiation of a hypotheitcal record contract.
Assessment Tools: During this course, outcomes mastery will be evaluated by:
ú A written summary analyzing and evaluating a court decision.
ú A collaborative negotiation of the main deal points for a recording contract, including a written and oral (in-class) summary.
ú A comprehensive written final exam covering terminology, concepts, and application of concepts based on class lecture/discussion and assigned readings.
Testing & Assignments: There will be 3 exams (including a final exam) given throughout the semester (on the dates specified below). In accordance with CEMB policy, make-up exams are not allowed. If you miss an exam, your Final Exam grade will be counted in place of the missed exam. The final exam is mandatory. The final exam will be comprehensive as required by CEMB policy and will take place on the date specified by Belmont University. UNIVERSITY POLICY DOES NOT ALLOW THE INSTRUCTOR TO CHANGE FINAL EXAM DATES AND ANY EXCEPTIONS MUST BE APPROVED IN WRITING BY THE PROVOST. Please bring a No. 2 pencil with you for any in-class exams. You may also bring a calculator (but not a computer) for any exams including royalty calculations. All written assignments are due on the due date at the beginning of class (unless otherwise specified). Late assignments will result in a letter grade reduction (A to B, etc.) and assignments will not be accepted one week after the due date.
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Activity |
Credit |
Purpose/Description |
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1. Exams (2, 20% each) |
40 % |
Online and/or in-class exams will consist of some or all of the following types of questions: multiple-choice, true/false, matching, short answer, short essay. Questions will assess the student’s basic comprehension and application of information covered in class and assigned reading material. Exam 1 due by 9/19; Exam 2 due by 10/24. |
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2. Final Exam |
30 % |
A comprehensive exam which will consist of some or all of the following types of questions: multiple-choice, true/false, matching, short answer, short essay. Questions will measure knowledge of the topic and ability to analyze and apply knowledge gained from class sessions and readings. Date: 12/10 from 7:00 – 9:00 p.m. |
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3. Case Study |
15 % |
You will read a court case, write a summary and answer several questions analyzing and applying the issues and legal rules from the case. Due 11/5 at beginning of class. |
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4. Contract Negotiation |
15% |
You will discuss and negotiate key points of a recording contract based on information to be provided, turn in a written summary & conduct an in-class discussion of the results and your reasoning for what you negotiated. Due 11/19 at beginning of class. |
Course & Classroom Policies:
Attendance & Participation: Class attendance follows university policy as stated in the current Undergraduate Bulletin. Class participation is expected; attendance and absence will be noted. As provided by the Undergraduate Bulletin: “When the number of absences for any reason exceeds four times the number of scheduled class meetings per week, a student will be involuntarily dropped from the course with a grade of WF.” If you are not present at the beginning of class when attendance is taken, you will be counted as absent. You do not need to inform me of the reason for absences and it is solely your responsibility to keep up with your absences. Absences can only be excused in writing by the Provost (professors do not have authority to excuse absences). Please do not ask me how many absences you have during the semester since I do not total absences until after the last class session.
Materials: Required: Entertainment Law in a Nutshell (2nd edition), Sherri L. Burr, Thomson/West, 2007. Optional: The Musicians Business & Legal Guide, 3rd Edition, Halloran, Prentice Hall. Additional reading materials will be made available online and/or in class.
Grade Evaluation: As per CEMB policy, the grade assignment scale for this course is:
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Grade |
Percent (GPA) |
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A |
94 (4.0) |
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A- |
90 (3.7) |
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B+ |
87 (3.3) |
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B |
84 (3.0) |
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B- |
80 (2.7) |
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C+ |
77 (2.3) |
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C |
74 (2.0) |
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C- |
70 (1.7) |
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Final grades below 70 % will not apply to the major. |
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D+ |
67 |
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D |
64 |
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D- |
60 |
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F |
< 60 |
Honor Code: It is the responsibility of each student to abide by the Belmont University Honor Code. “In affirmation of the Belmont University Statement of Values, I pledge that I will not give or receive aid during examinations; I will not give or receive false or impermissible aid in course work, in the preparation of reports, or in any other type of work that is to be used by the instructor as the basis of my grade; I will not engage in any form of academic fraud. Furthermore, I will uphold my responsibility to see to it that others abide by the spirit and letter of this Honor Pledge.”
Electronic Device Policy: You are free to use notebook computers or other electronic devices (e.g., PDAs, etc.) for class-related purposes (e.g., taking notes). However, use of any such devices for other purposes or during exams or assignments is strictly prohibited unless I give specific permission otherwise (e.g., online exams, assignments requiring use of Internet resources, etc.). Cell phone use (i.e., calling and receiving calls or text messages, etc.) in class is prohibited since such activity can be disruptive to other students. All use of computers and other electronic devices is also subject to any applicable policies of Belmont University.
Accommodation of Disabilities: In compliance with Section 504 of the Rehabilitation Act and the Americans with Disabilities Act, Belmont University will provide reasonable accommodation of all medically documented disabilities. If you have a disability and would like the university to provide reasonable accommodations of the disability during this course, please notify the Office of the Dean of Students located in Beaman Student Life Center (460-6407) as soon as possible.
Class Schedule: The following is a tentative schedule which may be modified somewhat during the course of the semester.
Week 1 Introduction to Class;
(8/27-8/29) Overview of U.S. Legal System www.copyrightguru.com/unitedstateslegalsystem.html
http://library.findlaw.com/1999/Jan/1/241487.html
9/1 Labor Day Holiday
Week 2 The Film Industry Ch. 1
(9/2-9/5)
Week 3 The Television Industry Ch. 2
(9/8-9/12)
Week 4 The Music Industry Ch. 3
(9/15-9/19) Exam 1 (Online – due by 9/19)
Week 5 Representing Entertainers Ch. 6; http://starpolish.com/advice/article.asp?id=17
(9/22-9/26)
Week 6 Representing Entertainers Ch. 6
(9/29-10/3) Artist Management Contracts www.starpolish.com/advice/article.asp?id=19
10/6-10/8 Fall Break
Week 7 Contract Law Overview http://library.findlaw.com/1999/Jan/1/241463.html
(10/9-10/10) Contracts with Minors www.berryentertainmentlaw.com/articles/contract_minors.pdf
www.copyrightguru.com/tn_minors_act.html
Week 8 Credit & Compensation Ch. 7
(10/13-10/17)
Week 9 Entertainment Contracts Ch. 8
(10/20-10/24) (Film & Television Contracts)
Exam 2 (Online – due by 10/24)
Week 10 Producer & Production Company http://starpolish.com/advice/article.asp?id=99
(10/27-10/31) Contracts
Week 11 Recording Contracts www.soundonsound.com/sos/apr07/articles/contracts.htm
(11/3-11/7) Case Study Due 11/5 in class) http://starpolish.com/advice/article.asp?id=113
Week 12 Recording Contracts http://starpolish.com/advice/article.asp?id=113
(11/10-11/14)
Week 13 Recording Contracts http://starpolish.com/advice/article.asp?id=113
(11/17-11/21) Contract Negotiation Project Due 11/19 (in-class discussion)
Week 14 Celebrity Status Ch. 9
(11/24-11/25) Trademarks & Merchandising Ch. 5 (p. 173-181)
11/26-11/28 Thanksgiving Break
Week 15 Censorship Ch. 4
(12/1-12/5)
Week 16 Payola www.fcc.gov/cgb/consumerfacts/PayolaRules.html
(12/8-12/9) www.slate.com/id/2123483/
Blackboard Payola Documents (browse through these)
12/10/08 Final Exam: 7:00-9:00 p.m.