SYLLABUS

SPRING 2007 SEMESTER

 

MBU 4630: LEGAL ISSUES IN THE MUSIC INDUSTRY

 

Note: Please read this syllabus thoroughly and retain it until the end of the semester since it contains information which should be useful to you in this course.  By enrolling in this course and being supplied with a copy of this syllabus, you will be subject to all of the requirements specified herein.  During the semester, please feel free to meet with me outside of class at any time if you are having trouble with the class, have questions or would like to discuss anything else. Please call to set an appointment.

 

Professor:                     J. Rush Hicks

Phone:                          460-6473

Office:                           Rm. 222

e-mail:                          hicksr@mail.belmont.edu

Location/Class Hours:   Tues/Thurs 9:30 AM - 10:45 AM

                                    Room MC414 (Final, May 8, 2007)

                                    Thurs 6:30 PM - 9PM

                                    Room MC200B (Final, May 3, 2007)

 

            EDUCATIONAL OBJECTIVES OF THE MIKE CURB COLLEGE OF                                                           ENTERTAINMENT AND MUSIC BUSINESS:

 

            The following objectives will be applied toward course completion:

 

            *           To provide a personalized, career-oriented and practical education that                                           emphasizes leadership,  innovation, private enterprise and                                                                         entrepreneurship.

            *           To equip students with the tools to think critically, communicate                                                    effectively, accept responsibility, make successful decisions, and prosper                                      in diverse work environments.

*           To emphasize quality classroom instruction within the parameters                                                 of ethical Christian principles.

 

            COURSE DESCRIPTION:   A comprehensive overview and analysis of advanced legal issues in the music                industry, specifically those relating to the Exclusive Songwriter Agreement, the Single Song Agreement,                  the Co-publishing Agreement, mechanical and synchronization licenses, blanket performance licenses, the                    Exclusive Recording Agreement, the production deal, the Independent Producer Agreement, "pitching and       shopping" agreements, the Management Agreement, and principles of trademark practice related to band                     names and merchandising.

 

LEARNING OUTCOMES:  After completing this course, students will be able to: 

 

*           Identify and distinguish between the exclusive recording agreement, the                 production deal and "pitching and shopping" agreements

*           Describe the elements of the exclusive recording agreement

*           Explain the difference between the various publishing agreements

*           Understand the differences between mechanical, synch and blanket                                   performance licenses

*           Discuss issues relating to trademark law

*           Have a working knowledge of the different types of business                                  entities

           

PERFORMANCE CRITERIA:

 

Upon completion of the course, students will be able to:

 

*           Compare and contrast the roles of the record company, artist                                manager, publishing company and the attorney in assisting the        artist's career

*           Understand the different business entities and how they function.

*           Have a working knowledge of trademark law

*           Distinguish between mechanical, synch and blanket performance                          licenses

 

            COURSE OBJECTIVES: To gain an understanding of the basic legal relationships among    the various                     parties involved in the entertainment industry and how different areas of law affect these relationships                        and the entertainment industry.  I intend to create a classroom atmosphere open to questions and                     comments in the hope of fostering a class that is interesting and as well as informative.  However, I               cannot do this alone.  In order to get the most out of this class, you must be willing to do the required               course work, participate and be prepared for class.

 

TEXT:    The Musicians Business & Legal Guide, 3rd Edition, Halloran,                                            Prentice Hall.

 

            Read www.copyrightguru.com/unitedstateslegalsystem.html.

 

PREREQUISITES:         MBU 1110, MBU 3520.

           

READING ASSIGNMENTS & PARTICIPATION:    You are expected to come to class prepared to participate in class discussions.  Participation includes the responsibility of having read any assigned materials prior to class.  If you do not keep up with the assigned reading, you will likely fall behind.  Additional reading materials may be assigned in class.  From time to time, I'll arrange to have guest speakers.

 

ATTENDANCE:  The policies of the current Belmont University Undergraduate Bulletin will apply to this class (i.e., “Belmont University is committed to the idea that regular class attendance is essential to successful scholastic achievement).  Regular class attendance is expected. Since Belmont’s policy allows for a significant number of absences without any direct penalty, I do not make any distinction between excused and unexcused absences.  You do not need to inform me of the reason for absences and absences will not directly affect your grade for the course except: (1) The failure to attend class on any exam date without the professor’s prior approval may result in a grade of 0 for such exam; and (2) exceptional attendance and participation may result in borderline grades for the course being rounded up (e.g., if your course grade based on exams and assignments is an 89, it could be rounded up to 90 giving you an A- rather than a B+ for the course).  It is your responsibility to keep up with your absences.

 

GRADING:        The grading system specified in the current Belmont Undergraduate Bulletin applies to this class.  Exams, including the final, will be averaged to determine your grade.  Plus and minus grading, but no A+, will be utilized.

 

EXAMS:            The format for exams will consist of some or all of the following: multiple choice, true/false, matching, essay and short answer questions. The final will be comprehensive as required by College policy and will take place on the date specified by Belmont as finals week.  University policy does not allow me to change this date and exceptions must be approved in writing by the Provost. Each exam will count 15% of your grade for a total of 75%.

 

            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."

 

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, immediately notify the Director of Counseling & Developmental Support in the Office of Student Affairs (460-6407).

 

            COURSE SCHEDULE: A tentative weekly Course Schedule is included below with corresponding reading             assignments.  Although I have attempted to plan the Course Schedule on a weekly basis, it may be                         necessary to adapt this schedule during the course of the semester. I will announce any significant changes            by e-mail and/or in class. 

 

            MOTIVATIONAL STATEMENT: It is ultimately your responsibility to learn the material covered in this                       course.  As an instructor, I will exert my best effort to help you learn, but I cannot make you do so.  If                      you are unwilling to devote your time and effort, you will likely not get much out of this class no matter                what I do.  On the other hand, if you make at least a reasonable effort, you should certainly be able to                         develop a better understanding of the course subject matter and hopefully have some practical                                 knowledge that will benefit you in the future. 

 

            ELECTRONIC DEVICE POLICY: You are generally free to use notebook computers or other electronic         devices (e.g., PADS, etc.) in class to take notes. However, use of any electronic and/or digital device                      (whether now known or hereafter in existence) during exams or assignments is strictly prohibited unless             I give specific permission otherwise (e.g., a take-home exam or assignment requiring you to use Internet                      resources, etc.).  Cellphone use (i.e., calling and receiving calls, sending and receiving 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.

 

            EXAMS: The format for exams will consist of some or all of the following: multiple choice, true/false,                         matching, short answer and/or essay questions.  Exam questions may cover terminology, concepts, and                 application of concepts to hypothetical scenarios (requiring you to apply what you have learned rather                      than merely repeating it). If you miss an exam, the final exam may be counted in its place (makeup exams                      are not allowed). The Final Exam will be comprehensive as required by College policy and will take place                 on the date specified by Belmont University. UNIVERSITY POLICY DOES NOT ALLOW ME TO                         CHANGE THIS DATE AND ANY EXCEPTIONS MUST BE APPROVED IN WRITING BY THE                      PROVOST. NO EXCEPTIONS!                                                                                                                                                               

            EXTRA CREDIT: Extra credit projects will not be allowed although exceptional attendance and                                 participation in class may result in borderline grades for the course being rounded up (e.g., if your course     grade based on exams and assignments is 89, it could be rounded up to 90, depending on your                                     attendance and participation).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

WEEKLY TOPICS

 

                        Group Breakups and Group Names, Protection of trademarks                               

                        Business Entities - sole proprietorship, partnerships, corporations, LLCs

                        How to Set Up A Money Deal

                        Music Attorneys - specialization, fees, conflicts and confidentiality

                        Mediation

                        (pages 2-57)

                        Copyright Infringement - review of judicial system, elements of a                                                                copyright claim, remedies, Eldred case, RIAA vs. John Doe

                        (pages 59-82)

                        Digital Downloads and Streaming, Grokster case

                        (pages 99-109)

                        Music Publishing - examination of the performing rights orgnizations

                        (pages 122-129)

                        Music Licensing for TV and Film and Pop Music for Soundtracks

                        (pages 164-195)

                        Live Performances - Club Contracts, Showcasing and Merchandise Sales

                        Music Unions

                        (pages 200-251)

                        Talent Agencies (AFM Agent-Musician Agreement)

                        (pages 274-300)

                        Right of Publicity

                        Use of the Internet to Promote Your Music

                        Music Unions (AFTRA and AFM)

                        Managers and Agents

                        Business Managers

                        Recording and Production Agreements

                        Practical Aspects of Securing Major Label Agreements

                        Analysis of a Recording Contract

                        How to Read and Evaluate Royalty Statements

                        Producer Agreements

                        Indie vs. Major Labels

                        Payola