SYLLABUS

SPRING 2006 SEMESTER

 

MBU 4630: LEGAL ISSUES IN THE MUSIC (ENTERTAINMENT) INDUSTRY

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 agree to be held subject to these requirements.  This class is being taught in conjunction with Dr. Kristel Kemmerer at Albright College via video conferencing.

Professor:                     Rush Hicks

Phone:                          460-6473, cell phone 319-1912

Office:                          Massey School of Business, Room 222

E-mail:                          hicksr@mail.belmont.edu

Time and Location:        Monday  5 PM - 8PM (Massey School of Business, Rm. 413)

           

COURSE DESCRIPTION: This course provides an overview and analysis of legal issues which frequently arise in the music and entertainment industry.  The topics to be covered include the role of entertainment attorneys, recording contracts including royalty provisions, contracts with minors, production company contracts, music licensing for TV and film, payola issues as well as applicable case law and copyright legislation.  In addition, the course covers the various ethical issues, such as music piracy and bootlegging, copyright infringement, and the exploitation of the recording artist.

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.

PRE-REQUISITES:  Intellectual Property and Survey

TEXT:       The Musicians Business & Legal Guide, 3rd Edition, Halloran, Prentice Hall 2001.

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.  All use of computers and other electronic devices is also subject to any applicable policies of Belmont University.

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 my 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.

GRADING: The grading 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, 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 and will contain written and oral components.  * UNIVERSITY POLICY DOES NOT ALLOW ME TO CHANGE THIS DATE AND ANY EXCEPTIONS MUST BE APPROVED IN WRITING BY THE PROVOST. 

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

                                                            WEEKLY SCHEDULE

1/23/06            Review of Syllabus

                        Group Breakups, Group Names, Protection of Trademarks

                        Business Entities - sole proprietorship, partnerships, corporations, LLCs

                        How To Set Up A Money Deal

                        (pages 2-43)

1/30/06            Test #1

                        Music Attorneys - specialization, fees, conflicts and confidentiality

                        Mediation

                        (pages 44-57)

                        Copyright Infringement - review of judicial system, elements of a                                                copyright claim, remedies

                        (pages 76-82)

                       

2/06/06            Digital Downloads and the ethics of illegal downloading, Grokster and                          RIAA cases, also review Eldred v. Ashcroft

                        (pages 99-109)

                       

2/13/06            Test #2

                        Examination of the performing rights organizations

                        (pages 122-129)

                        Music Licensing for TV and Film

                        (pages 164-184)

                        Pop Music for Soundtracks

                        (pages 185-198)

2/20/06            Live Performances - Club Contracts and Touring, Merchandising                                              Contracts

                        (pages 211-213)

                        The Internet and Music

                        (pages 214-236)

                        Music Unions

                        (pages 237-251)

                        Talent Agencies

                        (pages 274-300)

2/27/06            Test #3

                        How to Secure a Major Label Recording Contract

                        Exploitation of the Recording Artist? - review of some recent legislation

3/6/06              Belmont Spring Break (no class)

3/13/06            Recording and Production Agreements

                        Analysis of a Recording Contract

                        (pages 316-405)

3/20/06            Albright Spring Break (no class)

3/27/06            con't

4/3/06              Test #4

                        How to Read and Evaluate Royalty Statements

                        (pages 406-425)

4/10/06            con't

4/17/06            Albright Easter Break (no class)

4/24/06            Test #5

                        Producer Agreements

                        (pages 426-439)

                        Indie vs. Major Labels, Distribution Agreements

                        (pages 440-458)         

5/1/06              Payola Investigations by New York State Attorney General

                        Contracts with Minors

 

5/8/06              Final Exam 7 PM