MIKE CURB COLLEGE OF ENTERTAINMENT AND MUSIC BUSINESS COURSE SYLLABUS

 

                                       Course # / Title:

MBU4630 - Legal Issues in the Entertainment Industry

Course Credit Hours:

3 Semester Hours

Semester:

SPRING 2009

Instructor:

J. Rush Hicks

Instructor Contacts:

Massey Rm. 223; 460-6473 (office); hicksr@mail.belmont.edu

Instructor Office Hours:

Posted on the Door

Class Location:

Massey College of Business, Room 104

Meeting Time(s):

Tuesday/Thursday 9:30am – 10:45am

Final Exam:

Tuesday, May 12, 8am

 

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 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          Exam questions covering terminology, concepts, and application of concepts (requiring you to apply what you have learned rather than merely repeating it) based on class lecture/discussion and assigned readings.

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 (not including the final exam) given throughout the semester. In accordance with CEMB policy, make-up exams are not allowed.  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.

 

Activity

Credit

Purpose/Description

1.  Exams (3 @ 20% each)

60 %

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.

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 assigned readings.

3.  Case Study

10 %

You will read a court case, write a legal brief examining the facts, apply the law, then provide an analysis and give the outcome. 

 

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:

 

Grade

Percent (GPA)

A

94 (4.0)

 A-

90 (3.7)

 B+

87 (3.3)

        B

84 (3.0)

B-

80 (2.7)

C+

77 (2.3)

        C

74 (2.0)

C-

70 (1.7)

Final grades below 70 % will not apply to the major.

D+

      67

       D

      64

       D-

      60

       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:  The use of electronic devices, including computers, cell phones, Ipods, etc is prohibited.

 

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                    Overview of U.S. Legal System                               www.copyrightguru.com/unitedstateslegalsystem.html           

http://library.findlaw.com/1999/Jan/1/241487.html

 

Week 2                    The Film Industry                                    Ch. 1

 

Week 3                    The Television Industry                          Ch. 2

 

TEST 1

               

Week 4                    The Music Industry                                 Ch. 3

 

Weeks 5 & 6            Representing Entertainers                        Ch. 6; www.starpolish.com/advice/article.asp?id=17

                                                                                                www.starpolish.com/advice/article.asp?id=19

 

Week 7                    Contract Law Overview                           http://library.findlaw.com/1999/Jan/1/241463.html

                                Contracts with Minors                                             www.berryentertainmentlaw.com/articles/contract_minors.pdf

                                                                                                www.copyrightguru.com/tn_minors_act.html

 

Spring Break            March 9 – 13, 2009

 

Week 8                    Credit & Compensation                           Ch. 7

 

Week 9                    Entertainment Contracts                           Ch. 8

 

TEST 2

 

Week 10                  Production Contracts                                               http://starpolish.com/advice/article.asp?id=99

 

Week 11                  Recording Contracts                                 www.soundonsound.com/sos/apr07/articles/contracts.htm                                                                                                                      http://starpolish.com/advice/article.asp?id=113

 

Week 12                  Recording Contracts                                 http://starpolish.com/advice/article.asp?id-113

 

Week 13                  How To Read Record Royalty Statements

 

TEST 3

 

Week 14                  Celebrity Status                                        Ch. 9       

                Trademarks & Merchandising                 Ch. 5 (p. 173-181)

 

Week 15                  Payola and Business Entities                   www.fcc.gov/cgb/consumerfacts/PayolaRules.html

                                                                                www.slate.com/id/2123483/

                                                                                               

5/12/09                    Final Exam @ 8 am