27729 Legal Issues for the Experience Industries

UTS: Business: Leisure, Sport and Tourism
Credit points: 6 cp

Subject level: Postgraduate

Result Type: Grade and marks

Handbook description

This subject considers the laws relevant to sport, tourism, events and arts management. The subject explores legal structures and essential laws, including contracts, torts (negligence and defamation), consumer protection, intellectual property, industrial relations and those laws which are specific to sport, tourism, events and the arts. Students are equipped to recognise legal obligations in the management context.

Subject objectives/outcomes

On successful completion of this subject students should be able to:

demonstrate basic knowledge and understanding of general legal principles and processes which affect sport, tourism, events and arts management in Australia
demonstrate knowledge and understanding of laws and regulations which have particular significance for the sport, tourism, events and arts industries
demonstrate the ability to recognise legal obligations in management contexts in the sport, tourism, events and arts industries.

Contribution to graduate profile

This is a core subject which provides an understanding of the legal obligations that face a manager in the sport, tourism, events and arts contexts. It allows students to apply knowledge from other subjects such as marketing, finance, policy and management.

Teaching and learning strategies

Typically, there will be a lecture and tutorial discussion on the weekly topic. The lectures, activities and seminars will incorporate a range of teaching and experiential learning strategies including videos, debates, readings, discussions, and case studies. Students are required to complete ALL the assigned readings and to participate in class discussions and activities. In addition to weekly attendance at the lecture and seminar sessions and completion of set seminar tasks, students are required to complete two exams to satisfy the learning requirements for this subject.

Content

The legal system and terminology
Management/administration/organisation/business protection
Contracts: formation, performance and termination; conditions and exclusion clauses; restraint of trade; loss of enjoyment damages
Tort: negligence; defamation
Consumer protection
Risk management
Consumer protection: Trade Practices Act (Commonwealth); Fair Trading Act (NSW); ambush marketing
Intellectual property: copyright; trade marks; patents; confidential information
Industrial relations
Criminal law
Sport: natural justice; drugs; judiciaries; child protection
Tourism: package travel; Travel Agents Act; hotel and accommodation law
Events: crowd control; liquor licensing
Arts: censorship laws; moral rights

Assessment

Assessment item 1: Mid-Semester Exam (Individual)

Objective(s):	1
Weighting:	40%
Task:	The mid-semester exam will be a short (1 hour) class test on basic principles of law, business organisation, torts and contract. A typical scenario will be given and students will be required to identify the relevant legal principles. This addresses objective 1.

Assessment item 2: Final Exam (Individual)

Objective(s):	1-3
Weighting:	60%
Task:	The final exam will be a 3 hour test of the whole course. Typical sport, tourism, events and arts management scenarios will be given and students will be required to identify the relevant legal principles and provide answers to the problem from both sides of the dispute. This addresses objectives 1-3.

Required text(s)

Sport Management students should purchase:

Thorpe, D, Buti, A, Davies, C, Fridman, S and Jonson, P, 2009, Sports Law, Oxford University Press, South Melbourne

Tourism Management students should purchase:

Cordato, A, 2006, Australian Travel and Tourism Law 4th edn, Butterworths, Sydney

Arts Management and Event Management students should purchase one of the above or a general text covering main business law topics such as:

Latimer, P, Australian Business Law, CCH Australia, latest edition

Indicative references

General

Bannon C. Passing Off, Trade Deception, Trade Marks, Butterworths, latest edn.

Latimer, P. 2008, Australian Business Law, CCH, North Ryde.

Vermeesh, R.B. and Lindgren, K.E. 2008, Business Law of Australia (12th edn) Butterworths, Sydney.

Sport

Healey, D. 2005, Sport and the Law (3rd edn), UNSW Press, Kensington.

Australian Sports Law Reporter, CCH, North Ryde.

Buckley, E. 1998, Sports Law, National and Starsports International, Potts Point.

Fewell, M (ed) 1995, Sports Law: A Practical Guide, LBC, North Ryde.

Grayson, E. 1999, Sport and the Law (3rd edn), Butterworths, London.

'Entertainment, Sport and Tourism' 1998, in Vol. 11, Part 175 of Halsbury's Laws of Australia, Butterworths, Sydney.

Sievers, A. 1996, Association and Clubs Law in Australia and New Zealand (2nd Edition), Federation Press, Sydney.

Taylor, T (ed) 2000, 'How you Play the Game', Papers from the First International Conference on Sports and Human Rights, University of Technology, Sydney, Sydney 1999.

Australia New Zealand Sports Law Association Conference Proceedings.

Spotlight on Sport, Sports and the Law, Papers 1996, LAMS Seminar, Bondi Junction.

Sports Injuries: Legal and Risk Management Issues in Professional Sport, 1997, LAMS Seminar, Bondi Junction.

Arts

Armstrong and ors, Media law in Australia, Oxford, latest edition

Australia Council (1997) The Corporations Law: A Practical Guide for the Arts Aust Council, Sydney

Australia Council (2000), Art + Facts andmdash; The Arts and Tax andmdash; A Practical Tax Workbook for the Arts Sector

Australian Society of Authors (2001) Australian book contracts, ASA. Sydney

Australian Writers Guild (1994) Playwright's Handbook Aust. Writers Guild, Sydney

Beiderman and al.Law and Business of the Entertainment Industries Praeger Publishers

Coombe R, The Cultural Life of Intellectual Properties Duke University Press 1998

Cotteral L (1993) Performance Sweet and Maxwell

Douzinas C and Nead L, Law and the Image University of Chicago Press, 1999

Fargher, C (1993) The Arts Insurance Handbook Arts Law Centre, Sydney

Firth A and ors (Eds) Readings in Intellectual Property Sweet and Maxwell, 1998

Frith S and Marshall L, Music and Copyright Edinburgh University Press, 2004

Fitzgerald A(ed), Going Digital 2000: legal issues for ecommerce, software and the internet Prospect Media

Gaines J, Contested Culture, Universitynof North Carolina Press, 1991

Golvan C and McDonald M, Writers and the Law, Penguin

Henry M (1994) Publishing and Multimedia Law Butterworths, UK

Inde V, Art in the Courtroom Praeger Press, 1998

Janke T (1999) Our Culture: Our Future, Report on Australian Indigenous Cultural and Intellectual Property Rights — www.icip.lawnet.com.au

Jeffrey T (1996) Film Business, AFTRS, Sydney

Lahore and ors Intellectual Property Copyright, Loose Leaf Service, Butterworths

Letts R (1994) Your Career as a Composer, Allen and Unwin

McDonald I (1998) Protecting Indigenous Intellectual Property Aust Copyright Council, latest edition

McGinness P, Intellectual Property Commercialisation Lexis Nexis Butterworths, 2003

McKeogh, Bowery and Griffith, Intellectual Property Law in Australia, Law Book Co, Latest edn

McLachlan and Mallam Media Law and Practice (looseleaf service), LBC

Museums Australia (NSW) (1994) Museum Methods: A Practical Manual for Managing Small Museums, Museums Australia, Sydney

Performing Arts Multimedia Library (PAML) (1999) From Live Performance to the Digital Stage: a 5 step guide to contracting and copyright management of digital recordings for the live performing arts Cinemedia Corporation

Ricketson and Richardson, Intellectual property Cases and materials, Butterworths, latest edition

Ricketson S, The Law of Intellectual Property LBC, latest edition

Simpson S, Music Business Omnibus Press, Sydney

Simpson S, The Visual Artist and the Law LBC (out of print)

Spender L, Electronc/Digital Rights: A Handbook for Authors Aust. Society of Authors Ltd

Stokes J, Earning a living in the Visual Arts and Crafts Hale and Iremonger, Sydney, latest edition

Stokes S, Art and Copyright, Hart Publishing, 2001

Towse R, Copyright in the Cultural Industries, Edward Elgar Publishing, 2002

Walker S. The Law of Journalism in Australia, LBC latest edition

Wheeler G, Legalities: Guidelines for running a Community Organisation, NCOSS

CCH, Industrial and Intellectual Property loose leaf Service

Events and tourism

'Entertainment, Sport and Tourism' 1998, in Vol. 11, Part 175 of Halsbury's Laws of Australia, Butterworths, Sydney.

Goldblatt, JJ, 1997, 'Contracts, permits and licences' in Special Events, Best Practices in Modern Event Management, 2nd edn, John Wiley and Sons, New York, pp 270-281 (Note that this is an American text and care should be taken to ensure the same law exists/ applies in Australia).

McLean Y. 1994, 'Intellectual Property and Privacy Issues for Event Organisers', in The Third New Zealand Event Management and Event Marketing Conference, Current Affairs, Auckland, pp 1-11.

Major and Special Events Planning: A Guide for Promoters and Councils, NSW Department of Local Government, Sydney, pp 1-20.

Scott, M. 1993, Leisure Services Law, Sweet and Maxwell, London.

Sievers, A. 1996, Association and Clubs Law in Australia and New Zealand (2nd edition), Federation Press, Sydney.