SYLLABUS
FALL 2005 SEMESTER
MBU 4630: LEGAL ISSUES IN THE MUSIC (ENTERTAINMENT)
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. A copy of
this syllabus is also posted online and can be viewed, downloaded and
printed. By enrolling in this course and
being supplied with a copy of this syllabus, you agree to be held subject to
all of the requirements specified herein.
Professor: David Moser
Phone: Office: 460-5439; Cellphone: 498-3006
Office: Massey School of Business, Room 219 A
E-mail: moserd@mail.belmont.edu or dmose1@aol.com
Class Hours &
Location: Section 01:
T/Th. 9:30-10:45 (Massey School of Business, Rm. 414)
Office Hours: MW 1:00-3:00; T/Th 2:00-4:00; Other times available
by appointment
Note: Please feel free to meet with me outside of class at
any time during the semester if you have questions about material covered in
class or otherwise. You may either stop by my office or call to set an
appointment (please do not e-mail requesting appointments since its generally
easier & quicker to do this by phone).
COURSE DESCRIPTION: This
course provides an overview and analysis of legal issues which frequently arise
in the music and entertainment industry.
Some of the topics covered include the role of entertainment attorneys,
recording contracts, contracts with minors, production company contracts, movie
& television industry structure and contracts, right of publicity and
merchandising agreements, licensing for entertainment media, freedom of speech,
defamation & obscenity, and payola.
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: There is
no text designed to cover this entire course (although there are some good
books that cover parts of the course.).
Consequently, rather than requiring you to buy 2-3 books, I will be
providing you with reading materials, most of which will be available
online. See the Course Schedule below
which may be supplemented with additional reading materials during the course. I will also be posting my lecture notes (in
outline form) online. You may feel free
to read them, print them, and use them as a study aid although you should also
take your own notes during class (since most people learn better by writing
things down in their own words rather than reading someone else’s). Although not
required, the following are some suggested books:
(1) The Musicians Business & Legal Guide, 3rd
Edition, Halloran, Prentice Hall 2001.
(2) Dealmaking in the Film & Television Industry, 2nd
edition, Litwak, Silman-James Press 2002.
E-MAIL & WEBSITE: From time
to time, I will use e-mail to communicate with you outside of class. Please check your Belmont e-mail account on a
regular basis (i.e., at least once a week) throughout the semester to avoid
missing any important information. I
also maintain a website (www.copyrightguru.com) which includes a section for my
courses at http://www.copyrightguru.com/belmont_classes/index.htm (Click on the
link to “Legal Issues in the Music Business” to access the course webpage where
I will post materials relevant to this course (e.g., syllabus, assignment
instructions, lecture notes, etc.). It
is your responsibility to check for and read class e-mails and materials posted
on the course webpage.
ELECTRONIC DEVICE
POLICY: You are generally free to use notebook computers or
other electronic devices (e.g., PDAs, 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. However, if your cellphone rings during
class, I will be happy to answer it for you and take a message since I am here
to serve you. All use of computers and
other electronic devices is also subject to any applicable policies of Belmont
University.
COURSE SCHEDULE: A
tentative weekly Course Schedule is included below with corresponding reading
assignments. Please note that although I
have attempted to plan the Course Schedule on a weekly basis, it may be
necessary to adapt this schedule somewhat during the course of the semester. I
will try to post any significant changes to the schedule online as well as
announce them in 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. This is exceptionally important and if you do
not keep up with the assigned reading, you will likely fall behind and your
performance may suffer accordingly.
Additional reading materials may be assigned in class, by e-mail and/or
posted on the course webpage.
NOTE: In order
to understand the material covered in the course, you must have at least a
basic understanding of the United States legal system (e.g., the legislative
& judicial systems, etc.). If you’ve
taken a business law course, that should have provided you with a sufficient
foundation. However, you may want to
look over the materials at http://www.copyrightguru.com/unitedstateslegalsystem.html
and www.lectlaw.com/files/env02.htm to refresh your recollection.
ATTENDANCE: The
policies of the current Belmont University Undergraduate Bulletin will to this
class (i.e., “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’”).
Regular class attendance is expected and an attendance sheet may be
distributed at the beginning of each class session. If you are not present at the beginning of
class when attendance is taken, you will be counted as absent. 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 (Provost’s approval for the final exam) will 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 solely your responsibility to keep up
with your absences. Please do not
ask me how many absences you have during the semester since I will not total
absences until after the last class session.
GRADING: Your grade
for this course will be based on the following elements:
Item Points Date
Midterm Take-Home Exam 25 10/11
Final Exam 25 12/13 (8:00
a.m.) *
Assignment #1: 15 9/8
Assignment #2: 15 10/27
Assignment #3 20 11/10
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). 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.
Note: Instructions for each assignment will be provided in
class, by e-mail, and/or on the course webpage.
It is your responsibility to make sure you complete and turn in
assignments (and any take-home exams) by the due date. Late assignments (or take-home exams) will
result in a grade deduction of 10 points for each day late and will not be
accepted at all 3 days after the due date (please note a week consists
of 7 consecutive days and each day late
is one day regardless of the number of class sessions per week).
Extra Credit: Extra
credit projects will not be allowed although I reserve the right to give
a small amount of extra credit for outstanding attendance and class
participation.
HONOR CODE: In order
to uphold academic integrity, the University has adopted an Honor System. It is
expected that students will abide by the Belmont University Honor Code at all
times. Following is the Student Honor Pledge that guides academic behavior: “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.” Please
note that Honor Code violations are subject to serious penalties, including
receiving a failing grade for the course, suspension & expulsion from the
University.
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 Student Affairs (460-6407) as soon as possible.
DISCLAIMER/WAIVER: I may use
hypothetical examples in class to illustrate and explain certain concepts. You understand and agree that the names of
any individuals used in such examples are purely hypothetical and are not
intended to represent any real or fictitious person, whether living, dead or in
between. Any similarities, whether real
or imagined, with any actual people are purely coincidental and you hereby
waive and relinquish any and all claims and/or complaints you may have against
the professor, his employer, heirs, assigns, friends, and dog in perpetuity
throughout the universe and any parallel or non-parallel universes which may
exist, whether or not discovered.
TENTATIVE COURSE SCHEDULE
Please note that although I have
attempted to plan the Course Schedule on a weekly basis, it may be necessary to
adapt this schedule somewhat during the course of the semester. I will inform
you of any significant changes to the schedule in class, by e-mail and/or on
the course website. Additional reading
materials may be assigned in class, by e-mail and/or on the course website.
Week Topic Reading Assignment
Week 1 Introduction
to Class
8/24-8/26 Syllabus/Course
Requirements
Week 2 Entertainment
Attorneys http://www.starpolish.com/advice/print.asp?id=17
8/29-9/2
Week 3 Contract Law See
Lecture Notes (online)
9/6-9/9 Contracts
with Minors www.copyrightguru.com/tn_minors_act
Week 4 Producers
& Production Companies http://www.starpolish.com/advice/print.asp?id=99
9/12-9/16
Week 5 Assn.
#1: Record Contract Instructions
to be provided
9/19-9/23 Negotiation Project
Week 6 Record
Contract Basics http://www.starpolish.com/advice/print.asp?id=113
9/26-9/30
Week 7 Record
Contracts - Royalty Provisions http://www.starpolish.com/advice/print.asp?id=113
(Cont.)
10/3-10/7
Week 8 Movie
& TV Industry Legal Issues See
Lecture Notes (online)
10/10-10/12 Introduction/Background www.marklitwak.com/articles/general/show_biz.html
Brief History of
Movie Industry
Overview of Movie
Business Structure
10/13-10/14 Fall
Break
Week 9 Movie
Industry - Acquisition of Rights www.marklitwak.com/articles/film/literary_material.html
10/17-10/21 www.marklitwak.com/articles/film/self_defense.html
Week 10
Movie Industry - Talent
Contracts See Lecture
Notes (online)
10/24-10/28
Week 11 Music
in Film & TV http://www.starpolish.com/advice/print.asp?id=75
10/31-11/4 http://www.filmmusicmag.com/faq//8.html
http://www.filmmusicmag.com/faq//7.html
Week 12 Publicity
Rights www.publaw.com/rightpriv.html;
www.ipwatchdog.com/rop.html
11/7-11/11 Merchandising
Deals www.marklitwak.com/articles/general/movie_merchandising.html
Week 13 Freedom
of Speech, Obscenity http://faculty.ncwc.edu/toconnor/410/410lect08.htm
11/14-11/18 &
Censorship
http://ericnuzum.com/banned/articles/paper_wcmc.html
Week 14 Obscenity
& Censorship (cont.)
11/21-11/22
11/23-11/25 Thanksgiving
Break
Week 15 Payola www.newyorker.com/online/content/?040712on_onlineonly01
11/28-12/2 www.oag.state.ny.us/press/2005/jul/payola.pdf
Week 16 Payola (cont.)
12/5-12/6