SYLLABUS SPRING 2006 SEMESTER
MBU 4630: LEGAL ISSUES IN THE MUSIC 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. By enrolling
in this course and being supplied with a copy of this syllabus, you agree to be
subject to all of the requirements specified below.
Professor: David Moser Phone: Office: 460-5439;
Cellphone: 498-3006 Office: Massey School of
Business, Room 219A E-mail: moserd@mail.belmont.edu
and dmose1@aol.com Class
Hours/Location: T/Th. 9:30-10:45 Office Hours: M 2:00 - 6:00; 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 are having
trouble with the class, have questions or would like to discuss anything else.
You may either stop by my office or call to set an appointment (please do not
e-mail requesting an appointment since its generally much 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 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.
(2) Dealmaking in the Film &
Television Industry, 2nd edition, Litwak, Silman-James Press.
E-MAIL &
WEBSITE: From time to time, I will use e-mail to communicate with you
outside of class. I will use your
Belmont “pop” e-mail accounts, but you may feel free to forward Belmont emails
to any e-mail account you prefer. Please check your e-mail on a regular basis
throughout the semester to avoid missing important information. I also maintain a website at http://www.copyrightguru.com/belmont_classes/index.htm
which contains a link to materials for 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
online.
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.
READING ASSIGNMENTS
& PARTICIPATION: Assigned reading for
each topic is specified in the Course Schedule included below. 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 and your performance may suffer
accordingly. Additional reading
materials may be assigned in class, by e-mail and/or posted on the course
website.
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.
Suggestions For Class Performance
1.
1. Attend class regularly
2.
2. Do the assigned reading before class
3.
3. Take notes during class
4.
4. Use the study
materials I make available online (e.g., lecture notes, review materials, etc.)
5.
5. If you have questions or do not understand
something covered in class, please feel free to ask me. I encourage you to come
to my office with any questions and/or concerns you may have.
ELECTRONIC DEVICE POLICY: You are generally free to use
notebook computers or other electronic devices (e.g., PADS, 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.). Cellophane 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 Cellophane
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.
ATTENDANCE: The policies of the current Belmont
University Undergraduate Bulletin apply to this class (i.e., “Belmont
University is committed to the idea that regular class attendance is essential
to successful scholastic achievement. 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’”).
Additionally, for each absence over 5, one point will be deducted from your
course grade. Regular class attendance is expected and an attendance sheet will
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. I do not distinguish between excused and unexcused absences and you do
not need to inform me of the reason for absences. 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 do not
total absences until after the last class session.
GRADING: The grading system specified in the
current Belmont University Undergraduate Bulletin applies to this class. Your
grade will be based upon your scores on the items specified below:
|
Item |
Points |
Date |
|
Midterm Take-Home Exam |
25 |
2/28 (due in class) |
|
Final Exam |
25 |
5/9 (8:00 a.m.) |
|
Assignment #1: |
15 |
2/2 |
|
Assignment #2: |
15 |
2/23 |
|
Assignment #3 |
20 |
4/25 |
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 AND ANY EXCEPTIONS MUST BE APPROVED IN WRITING BY THE PROVOST. NO EXCEPTIONS!
Assignments:
Instructions for each assignment will be provided in class, by e-mail, and/or
on the course website. 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 that 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 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 88 or 89, it could be rounded up to 90, depending on your attendance and
participation).
HONOR CODE: It is expected that students will
abide by the Belmont University Honor Code at all times (see the Belmont
University Bulletin for specific provisions).
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 and dog in perpetuity throughout the
universe.
COURSE SCHEDULE
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. You will need to have a
basic understanding of the United States legal system. For a brief review, take a look at
www.copyrightguru.com/unitedstateslegalsystem.html & www.lectlaw.com/files/env02.htm
|
Date |
Topic Description |
Reading Assignment |
|
Week 1 |
Introduction to Class |
|
|
1/11-1/13 |
Syllabus/Course Requirements |
|
|
Week 2 |
Entertainment Attorneys |
|
|
1/17-1/20 |
|
|
|
Week 3 |
Contract Law |
See Lecture Notes (online) |
|
1/23-1/27 |
Contracts with Minors |
|
|
Week 4 |
Producers & Production Companies |
|
|
1/30-2/3 |
Assn. 1: Case Brief (due Feb. 2nd) |
|
|
Week 5 |
Record Contract Basics |
|
|
2/6-2/10 |
Record Contract Provisions |
|
|
Week 6 |
Record Contracts - Royalty Provisions |
|
|
2/13-2/17 |
|
|
|
Week 7 |
Assn. 2: Case Brief (due Feb. 23) |
|
|
2/20-2/24 |
Movie & TV Industry Introduction |
|
|
Week 8 |
Movie & TV Industry - Idea Submission |
|
|
2/28 |
Exam 1 (due 2/28) |
|
Page 5 of 6
|
3/6-3/10 |
Spring Break |
|
Week 9 |
Movie Industry - Acquisition of Rights |
|
3/13-3/17 |
|
|
Week 10 |
Movie Industry - Talent Contracts |
|
3/20-3/24 |
|
|
Week 11 |
Music in Film & TV |
|
3/27-3/31 |
|
|
Week 12 |
Publicity Rights |
|
4/3-4/7 |
Merchandising Deals |
|
Week 13 |
Freedom of Speech, Obscenity |
|
4/10-4/12 |
& Censorship |
|
4/13-4/14 |
Easter Break |
|
Week 14 |
Obscenity & Censorship (cont.) |
|
4/17-4/21 |
|
|
Week 15 |
Payola |
|
4/24-4/28 |
Assn. 3 (due 4/25) |
|
Week 16 |
Payola (cont.) |
|
5/1-5/2 |
|
|
5/9 |
Final Exam (8:00 a.m.) |
www.marklitwak.com/articles/film/literary_material.html www.marklitwak.com/articles/film/self_defense.html
See Lecture Notes (online)
www.starpolish.com/advice/print.asp?id=75
www.filmmusicmag.com/faq//8.html www.filmmusicmag.com/faq//7.html
www.publaw.com/rightpriv.html; www.ipwatchdog.com/rop.html
www.marklitwak.com/articles/general/movie_merchandising.html
http://faculty.ncwc.edu/toconnor/410/410lect08.htm
http://ericnuzum.com/banned/articles/paper_wcmc.html
www.newyorker.com/online/content/?040712on_onlineonly01
www.oag.state.ny.us/press/2005/jul/payola.pdf
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