76020 Entertainment Law
Warning: The information on this page is indicative. The subject outline for a
particular session, location and mode of offering is the authoritative source
of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
Subject handbook information prior to 2017 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): 70327 Commercial Law
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Description
This subject aims to provide students with a detailed and practical understanding of the legal environment of the entertainment industries in Australia. The focus of the subject is the transactions concerned with the production and distribution of content – film and television, recordings, music publishing and new media. The discussion of laws relating to the entertainment industries is placed within the broader commercial and artistic context of the entertainment business, including the impact of new media in creating new formats and a more global market, the roles of different parties, the structure and major players in the Australian industry and the processes of production and distribution. In particular, this subject aims to provide students with an understanding of the role of the entertainment lawyer and the practical knowledge and skills required to handle the transactional issues associated with the production and distribution of creative content.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | appreciate the relationship between law and the entertainment and new media industries in which the laws develop, are applied and change; |
|---|---|
| 2. | evaluate the importance of legal issues in the entertainment business context; |
| 3. | apply the relevant legal principles to problems and questions to suggest solutions; |
| 4. | demonstrate an understanding of the legal rights and obligations of parties to entertainment industry transactions; |
| 5. | appreciate the environment of business decision-making in Australian entertainment industries. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes:
- Legal Knowledge
A coherent understanding of fundamental areas of legal knowledge including the Australian legal system, social justice, cultural and international contexts and the principles and values of ethical practice. (1.0) - Ethics and Professional Responsibility
A capacity to value and promote honesty, integrity, accountability, public service and ethical standards including an understanding of approaches to ethical decision making, the rules of professional responsibility and, an ability to reflect upon and respond to ethical challenges in practice. (2.0) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively including an ability to identify and articulate legal issues, apply reasoning and research, engage in critical analysis and make reasoned choices. (3.0) - Communication and Collaboration
Effective and appropriate communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately. (5.0)
Teaching and learning strategies
The teaching and learning strategies focus on active, student centred learning with seminars of three hours duration. The seminars will be based largely on contract negotiation and drafting exercises. Each topic will be introduced with a short lecture followed by a discussion of major issues. The lecture will feature experienced lawyers and guests with industry experience. Following the lecture students will be introduced to the various issues associated with deal-making, with exposure to relevant contracts and the major points of negotiation.
This subject is conducted with the aim of promoting student understanding of the role of lawyers in representing their clients’ interests and the commercial issues that may arise in the process of creation and distribution of product.
The extensive use of experiential learning through contract negotiation and drafting exercises will also allow students to gain insight into the negotiation process and the importance of teamwork as well as a more comprehensive, and balanced, appreciation of the issues and skills in the practical application of the law.
Content (topics)
Topic 1 Introduction to the Entertainment Industry- subject overview, current issues, major players, economics of the industry, the lawyers role, common terms, intermediaries: agents and managers
Topic 2 Entertainment Rights- rights in publicity, intellectual property and ideas.
Topic 3 The Music Industry- Players and their roles, evolving issues, music contracting- management agreements, music publishing, recording agreements
Topic 4 The Movie and Television Industry- the players, the film process, the pitch/protection of ideas, acquiring property, clearances, options, talent contracts, production agreements, completion guarantees, investment agreements
Topic 5 The video game industry- players and their roles, major issues in contract negotiation involving, game publishers, developers and licensors.
Topic 6 Distribution Issues of entertainment properties-licensing and distribution agreements, impact of the internet, piracy
Topic 7 Merchandising Agreements- obtaining a license, analysis of terms
Assessment
Assessment task 1: Presentation (in-class and written)
| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 4 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0 |
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| Weight: | 40% |
| Length: | 2000 words maximum |
| Criteria: |
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Assessment task 2: In-class and online participation
| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 4 This task contributes specifically to the development of the following graduate attributes: 2.0, 3.0 and 5.0 |
|---|---|
| Weight: | 20% |
| Length: | n/a |
| Criteria: |
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Assessment task 3: Final Take Home Exam
| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 3 This task contributes specifically to the development of the following graduate attributes: 1.0, 2.0 and 3.0 |
|---|---|
| Weight: | 40% |
| Length: | 2500 words |
| Criteria: |
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Required texts
There is no set text. Readings and materials will be provided throughout semester (through printed materials, e-readings and online links).
Reference will be made throughout the course to
- Halsbury's Laws of Australia, Chapter 19, Entertainment Law, Geoff Holland. This chapter is currently undergoing review and updates on changes to the law will be discussed in class.
Materials and books that students should consider purchasing or borrowing from the Library:
- Film Business, Tom Jeffrey (Ed), Allen and Unwin, 2006
- Music Business, Shane Simpson, Omnibus Press, 2006
Recommended texts
A reading list will be provided on UTSOnline.
Students are encouraged to read broadly for this subject, and other recommended readings include:
- D. Biederman, Law and Business of the Entertainment Industries, Praeger, 5th Edition
- M. Simensky et al, Entertainment Law plus supplement, Lexis Nexis, 3rd Edition
- M Krasilovsky and S. Shemel, The Business of Music Billboard Books, latest edn
- M. Liwak, Contracts for the Film and Television Industries, (Second Ed)
- Steven Bach, Final Cut: Art, Movies and Ego in the Making of Heaven’s Gate.
- Pierce O’Donnell, Fatal Subtraction: How Hollywood Really Does Business
- Steve Kent, The First Quarter: A 25 year History of Video Games
- David Sheff, Game Over: How Nintendo Zapped an American Industry
- Jason Squire, The Movies Business Book latest edn
- William Goldman, Adventure in the Screen Trade
- Copyright Council of Australia: reports and seminar papers
- Arts Law Centre: seminar papers
- Diana Sharpe The Performing Artist and the Law LBC, 1985
- Shane Simpson, The Visual Artist and The Law LBC
Other resources
Variety.com
LA Times.com
Gamedaily.com
Allmusic.com VideoBusiness.com
Copyright.org.au
Gamasutra.com
Magazines:
Variety
Hollywood Reporter
