SYLLABUS
SPRING 2008 SEMESTER
MBU 4630: LEGAL ISSUES IN THE MUSIC INDUSTRY (3 Hours)
Note: Please read this syllabus thoroughly and retain it until the end of the semester since it contains information, which will 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, Assistant Professor
Phone: 460-6473
Office: Rm. 223 Massey
e-mail: hicksr@mail.belmont.edu
Office Hours: posted on my door
Location/Class Hours: 4630.01 meets Tues/Thurs 9:30 AM - 10:45 AM
Room MC204 (Final, Tuesday May 6 @ 8AM)
4630.02 meets Thurs 6:30 PM - 9:15PM
Room MC200A (Final, Thursday May 1 @ 7PM)
TEXT: The Musicians Business & Legal Guide, 3rd Edition, Halloran, Prentice Hall. Read www.copyrightguru.com/unitedstateslegalsystem.html.
PREREQUISITES: MBU 1110, MBU 3520.
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: This course provides a comprehensive overview and analysis of advanced legal issues in the music and entertainment industries. Some of the topics covered includethe 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.
LEARNING OUTCOMES: After completing this course, students will be able to:
* Identify and distinguish between a recording agreement and a production contract
* Describe the elements of the exclusive recording agreement
* Explain the role of an entertainment attorney
* Understand the right of publicity and the right of privacy
* Discuss issues relating to merchandising agreements
* Have a working knowledge of the different types of business entities
* Recognize the issues relating to payola as well as understanding new legislation
PERFORMANCE CRITERIA:
Students will review contracts and use reading assignments and class discussions to:
* Compare and contrast the roles of the record and production companies
* Understand the different business entities and how they function.
* Have a working knowledge of major label recording contracts
* Examine new business models for recording contracts
* Distinguish between right of privacy, right of publicity and defamation
* Appreciate the difficulty of dealing with payola issues
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.
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.
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 20% of your grade for a total of 100%.
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) as soon as possible.
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 free to use notebook computers or other electronic devices (e.g., PADS, etc.) in class to take notes only. 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. ANY EXCEPTIONS MUST BE APPROVED IN WRITING BY THE PROVOST.
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).
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.
WEEK 1 Group Breakups and Group Names, Protection of trademarks
WEEK 2 Business Entities - sole proprietorship, partnerships, corporations, LLCs
WEEK 3 Music Attorneys and Right of Publicity
January 31st TEST
WEEK 4 Copyright Infringement, review of judicial system, elements of a claim
WEEK 5 Reading and discussion of court cases impacting the industry
WEEK 6 Digital Downloads and Streaming, Grokster case (pages 99-109)
February 14th TEST
WEEK 7 Music Licensing for TV and Film and Pop Music for Soundtracks (p. 164-195)
WEEK 8 Merchandising and Endorsements; Music Unions (pages 200-251)
February 28th TEST
WEEK 9 Production Agreements and Indie vs. Major Labels
WEEK 10 Practical Aspects of Securing Major Label Agreements
WEEK 11 Analysis of a Recording Contract, including 360 deals
March 18th TEST
3/20 - 3/28 Spring Break
WEEK 12 How to Read and Evaluate Royalty Statements
WEEK 13 Payola and pending legislation
WEEK 14 Representing Minors
FINAL