Technology, Law and the Future of
Entertainment
MBU 3990 (3 credits)
Thursday, September 1, 2005 is the first class
Thursday, December 8, 2005 is the last class
Professor: Dr. E. Michael Harrington, Professor of Entertainment and Music Business
http://www.belmontcopyright.com/harrington.php
Office: 150 West 51st Street, Apt. # 2028, New York City, NY 10019
Office hours: TBA
Phone: 212=262-6678 home
615-293-7455 cell
Email: emh666@aol.com
Classroom: Aspect
New York
The Empire State Building
350 Fifth Avenue (34th is cross street)
Suite 6308
New York, NY 10118
212-736-3100
http://www.esbnyc.com/index2.cfm
New York City Subway Map: http://mta.info/nyct/maps/submap.htm
Final Exam: 9:30 AM – 12:15 PM, Tuesday, December 13, 2005
Text: Promises To Keep: Technology, Law and the Future of Entertainment by William W. Fisher, III (2004), Stanford University Press, Stanford, California ISBN 0-8047-5013-0
Materials: Students are required to download Title 17 of the United States Code. This can be found at http://www4.law.cornell.edu/uscode/17/ or www.copyright.gov
U. S. Code materials by title and section can be found here:
http://www4.law.cornell.edu/uscode/
Students are required to obtain library cards from the New York Public Library and be aware of the NYPL’s resources. http://www.nypl.org/
The student is encouraged to download all of the material from the following websites:
http://travel.howstuffworks.com/new-york.htm/printable
http://www.lonelyplanet.com/destinations/north_america/new_york_city/printable.htm
Internet: The student will frequently be required to read from contemporary online news resources such as the New York Times (reading and downloading are free but registration is necessary), Wired, Tech Law Journal, Future of Music Coalition, Billboard, Hollywood Reporter and others. The NY Times, the Electronic Frontier Foundation’s Deep Links, Wired, Tech Law Journal, Future of Music Coalition, Billboard, Celebrity Access, Hollywood Reporter and emichaelharrington.com can be found at:
http://www.billboard.com/bb/index.jsp
http://www.celebrityaccess.com/
http://www.hollywoodreporter.com
Because many articles found online are posted for only 24 hours (especially those from the NY Times), students will have to read and/or download articles from the Internet in a timely manner, purchase the articles, or perform a Lexis Nexis search.
Additional: We are most fortunate to be able to have extremely gifted guest speakers throughout the semester. All New York students are welcome to attend any of these guests’ presentations, e.g., students in Legal Issues class can attend presentations for the Technology, Law and The Future of Entertainment class and vice versa.
Some of our guest speakers will be considered seminar speakers, others specific to a class, and still others appropriate for both classes and seminar.
Occasionally, we may have to meet at places other than the classroom. Students’ flexibility is appreciated.
Times for our guest speakers will also vary but in general most guest speakers will address the Legal Issues class, 9:30 AM – 12:15 PM, Tuesday, or the Technology, Law and The Future of Entertainment class. 9:30 AM – 12:15 PM, Thursday. Other times that could feature speakers include Monday, Wednesday and Friday mornings, late afternoons, or early evenings, and Tuesday afternoons. It is imperative that students make every effort to attend each of these special events.
Quote
Kip Dynamite singing to LaFawnduh
Lucas at their wedding (from the film, “Napoleon Dynamite,” 2004)
Why do you love me?
Why do you need me?
Always and forever
We met in a chat room
Now our love can
fully bloom
Sure the World Wide Web is great
But you, you make
me salivate
Yes I love technology
But not as much as
you, you see
But I still love technology
Always and forever…
Technology, Law and the Future of
Entertainment
This course will cover new and contemporary technology,
legal issues, politics, legislation and common law and their effects on the
music and entertainment industries, as well as the counterinfluences and
interrelated effects of legal issues, politics, legislation and common law on
the music, entertainment and technology industries.
The textbook, the New York Public Library’s resources – books, videos, journals, CD’s, online and physical news resources, databases, journals, etc. - and the Bunch library’s online resources, including Lexis-Nexis and Westlaw, will be used as primary resources for the course.
Course objectives: To become familiar with the new issues, history, development and interrelationship of technology, law and entertainment.
Topics To Be Covered: Intellectual property, copyright, copyright law, legislation, common law, the effects of new technologies on entertainment law and the newest means of digital distribution of intellectual property. Lectures will be drawn from the course textbook, the professor’s books, experience and research in the field, online and offline writings, recordings, videos, and guest lectures.
Class: Students are expected to have completed the assignments and assigned readings for each class before the beginning of each class. Students can expect to be tested for their completion of the assignments and comprehension of the assigned readings for each class at the beginning of each class meeting, or at any time during the class meeting.
Class attendance: Class attendance is very important as class discussions and lecture material are central to the course. Students are expected to be present when class begins and remain in class until its conclusion. Attendance for each class will be taken.
Attending less than 75 minutes of a class meeting is considered 1.0 absence. Arriving late or leaving early is considered a 0.5 absence, and WILL be factored into the student’s grade. A student who arrives late for class, or leaves early, must inform the professor of his/her attendance on that day, otherwise the attendance record will indicate that the student missed 1.0 class instead of 0.5 class
4.5 absences (or more) WILL result in a grade of “F.” This policy applies to all students, including seniors who expect to graduate.
Students who arrive late on the day when a test or quiz is given will not be allowed to take the test or quiz.
Tests: Tests can only be made up if there is an excused absence, approved in advance by the professor or the Office of the Provost, and the professor is notified no later than twenty-four hours after the exam was given. Failure to notify and/or provide a valid, written excuse if requested will result in a grade of zero. Quizzes may or may not be announced in advance. Quizzes cannot be made up.
A missed test can only be made up at 11:30 AM, Tuesday, December 13, 2005. The test will be comprehensive in nature and will count in place of the missing test grade. Only one missed test can be made up.
It is the student’s
responsibility to inform the professor, via email, of his/her intention
to take the makeup exam. The professor
must be notified, via email, of the student’s intention to take the makeup test
three (3) days before the date and time of the Final Exam.
Quizzes: Quizzes may or may not be announced. Quizzes cannot be made up.
Homework: Homework will not be accepted late.
Due Dates: Annotated bibliography: 9:30 AM, Thursday, September 29, 2005 (hard copy)
Paper: 9:30 AM, Thursday, December 1, 2005 (hard copy)
_____________________________________________________________________________________
All papers must be
written in 3rd person, and of a formal nature. DO NOT write in 1st person!
The student has access to thousands of resources including Lexis Nexis, Westlaw and a host of other valuable resources through the Bunch Library’s Online Resources, and the New York Public Library and its resources.
The student has also been provided with the extensive bibliography authored by the professor and located at www.emichaelharrington.com.
The paper must conform to all MLA standards and contain research from several reputable sources. At least one of these sources should be from the Internet. (The following site will be helpful with using MLA format.)
http://owl.english.purdue.edu/handouts/research/r_mla.html
However, students are
cautioned to be wary of the content, accuracy, reliability and legitimacy of
Internet sources. This warning is
especially appropriate for information found on websites created by fans.
The paper must be typed on 8 1/2” x 11” paper (emailed papers are not acceptable), double-spaced, stapled, have a title page containing the title of the paper and the student’s name and course section, the student’s name at the top right of each page, page numbers on the top right of each page, no misspellings, proper grammar, punctuation, capitalizations, footnotes/endnotes and bibliography. (This bibliography differs from the “annotated bibliography” described below.) The paper must contain New York, Times or Times Roman font of size 12, and be 7-9 pages in length (footnotes/endnotes and bibliography can make the paper longer than 7-9 pages – the title page, also, does not count as a page of text).
The title and exact description of the project, as reprinted exactly from the project list, must appear on the cover page of the paper. The exact description of the paper, as reprinted on the cover page, must be single-spaced (not double-spaced like the rest of the paper), and in New York, Times or Times Roman font of size 10, not size 12.
Common Mistakes: The following mistakes will result in the grade of the paper being lowered. Any paper with any of the following mistakes will receive a grade no higher than B+.
“an” when “and” is the intended word (or vice versa);
“base” guitar when “bass” guitar is intended;
“cd” (not capitalized) when “CD” is preferred;
“its” is possessive; “it’s” means “it is” or “it has”;
“to” is used as a function word to indicate movement; “too” means “very” or
“to an excessive degree” or “in addition”;
“mp3” when “MP3” is preferred;
“Music theoretician” (“music theorist” is much better);
“of,” when “have” is the intended word, e.g., “could have”;
“principle” means a fundamental truth; “principal” means one who takes a leading part;
“statue” (a representation of an animal or person) rather than “statute” (a law);
“who’s” means “who is” or “who has”; “whose” is “a grammatical word used to talk or ask about the person or thing something belongs to”;
“your” means “of or belonging to you”; “you’re” is a contraction of the words, “you are”;
All periods and commas must be placed inside quotation marks.
Colons and semicolons must be placed outside of quotation marks.
Annotated Bibliography: Students must submit an annotated bibliography. This annotated bibliography must list and briefly describe each source - books, articles, websites, laws, interviews conducted by the student, etc. - that will be used in writing the paper.
The annotated bibliography must be submitted in hard copy on
Thursday, September 29, 2005, at 9:30 AM.
Failure to submit the annotated BIBLIOGRAPHY on time will result in the grade of the paper being lowered. If the annotated bibliography is received:
1 minute-24 hours after the due date and time, the paper will be lowered one letter grade;
24-48 hours late, the paper will be lowered two letter grades;
48-72 hours late, the paper will be lowered three letter grades;
more than 72 hours late, the paper will be assigned a grade of zero
Students are STRONGLY encouraged to consult with Belmont University’s Writing Center for assistance in formulating their ideas, writing and proof reading their papers.
Due Dates;
Miscellaneous:
Papers must be completed and submitted, in hard copy, to the professor on time. All papers will be due at 9:30 AM, Thursday, December 1, 2005.
Failure to submit the PAPER on time will result in the grade of the paper being lowered. If the paper is received:
1 minute-24 hours after the due date and time, the paper will be lowered one letter grade;
24-48 hours late, the paper will be lowered two letter grades;
48-72 hours late, the paper will be lowered three letter grades;
more than 72 hours late, the paper will be assigned a grade of zero
In-class presentations must be well-organized and delivered within the specified length of time.
A grade of “A” (90-100) for the paper is possible only if it contains original findings, as well as research.
The Paper must be
submitted in a HARD COPY format, i.e., on paper, not via email.
The Professor has found it necessary to state the following:
REMINDER: Books, especially scholarly books, often contain valuable information not available on the Internet. (Book: definition: noun, “a written or printed work, of some length, as a treatise or other literary composition, esp. on consecutive sheets fastened or bound together.”) The student is reminded that sources on the Internet should rarely be the only sources consulted in conducting research for papers or moot court.
The student may find it necessary to physically travel to and enter a “brick and mortar” library in the “real world,” e.g., the New York Public Library, Belmont University Bunch Library or the Nashville Public Library, for the purposes of research. Requiring a student to physically travel to a library (or to a bookstore or newsstand, for example) is not making an inordinate demand on the student.
Dishonest Behavior/Cheating: Unless otherwise specified, all work by a student during the semester, inside or outside of a classroom, is to be done independently, i.e., a student's work is to be his/her own and done without the aid of any person, book, notes, websites, etc. Any work not done independently is considered dishonest behavior/cheating.
The class will adhere to the Honor System found at the following site:
http://www.belmont.edu/academics/honorsystem.htm
The Honor Pledge is stated below:
“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.”
The Rehabilitation Act and the Americans with Disabilities Act:
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 Tammye Tanksley, Director of Counseling & Developmental Support in the Office of the Dean of Students (615-460-6407) as soon as possible.
Changes in Syllabus: The professor’s usual policy for changes in the syllabus has been the following:
“In the event of unforeseen circumstances, the professor reserves the right to deviate from the syllabus.”
Because of the need to accommodate guest/seminar speakers and special events, there could be considerable changes to the syllabus and course proceedings. Students’ understanding, flexibility and cooperation are appreciated.
Grading:
Quizzes: 25%
Test 1 10%
Paper 25%
Assignments: 20%
Final 20%
A+ = 95 - 100
A = 92 - 94
A- = 89 - 91
B+ = 87 – 88
B = 83 – 86
B- = 79 – 82
C+ = 77 – 78
C = 73 – 76
C- = 69 – 72
D+ = 67 – 68
D = 63 – 66
D- = 60 – 62
F = 0 - 59
All work MUST be finished
before the beginning of final exams.
Short of an act of God, a grade of “Incomplete” will never be given.
________________________________________________________________________
Outline of classes:
Week 1 Thursday 9/1 Introduction.
Assignment: Students will lead the class in a discussion of Chapter 1.
Read, “Apple, Digital Music's Angel, Earns Record Industry's Scorn” by Jeff
Leeds (NY Times, August 27, 2005)
Showed Napoleon Dynamite wedding
Showed Napster June 2000 CNBC
debate
Showed Ed Felten
Assignments: 1.
Students pick project, due next class 2. Chapter 1
- four students: Chris 3. Quiz on Leeds article 4. How
did the government of Idaho treat Napoleon Dynamite? 5. What
happened to Jib Jab?
Week 2 Thursday 9/8
Promises To
Keep Chapter 1
Quiz on assigned reading.
Assignment: Students will lead the class in a discussion of Chapter 2.
Week 3 Thursday 9/15
Promises To Keep Chapter 2
Assignment: Students will lead the class in a discussion of Chapter 3.
Week 4 Thursday 9/22
Promises To
Keep Chapter 3
The New York Public Library card quiz
- show your library card and get a grade
of “100.” Failure to have a library card will result in no grade being awarded.
Assignment: Students will lead the class in a discussion of Chapter 4.
Week 5 Thursday 9/29
Promises To
Keep Chapter 4
Annotated
bibliography due (hard copy to be collected at 9:30 AM)
REVIEW for Test 1
Week 6 Thursday 10/6
TEST 1 (20
minutes)
Assignment: Students will lead the class in a discussion of Chapter 5.
(EMH
speaks at NEMO, Boston, September 29-October 3, 2005)
Week 7 Thursday 10/13
Promises To
Keep Chapter 5
______________________________________________________________________________________
Fall Break: Thursday, October 20 – Sunday, October 23, 2005
Week 8 Thursday 10/20 FALL Break no class
Assignment: Students will lead the class in a discussion of Chapter 6.
Week 9 Thursday 10/27
Promises To
Keep Chapter 6 and Appendix
Week 10 Thursday 11/3
(EMH speaks at CMS,
Quebec, CANADA, November 4-6, 2005)
Paper topic due: 5:00 PM, Thursday, October 28 2005 (email)
Week 11 Thursday 11/10 TBA
Week 12 Thursday 11/17 TBA
Week 13 11/24 THANKSGIVING Break no class
(EMH speaks at Northeastern University, and as part of the “Visiting Artist Series” at the Berklee College of Music, Boston, November 21-22, 2005)
Week 14 Thursday 12/1 TBA
Final Paper due: 9:30 AM, Thursday, December 1, 2005 (hard copy)
Week 15 Thursday 12/8 Last day of class Review for Final Exam
Week 16 Tuesday 12/13 FINAL Exam
FINAL Exam: 9:30 AM – 12:15
PM, Tuesday, December 13, 2005