Entertainment Law

Subject 730-797 (2009)

Note: This is an archived Handbook entry from 2009. Search for this in the current handbook

Credit Points:
Level: Graduate/Postgraduate
Dates & Locations: For information about these dates, click here.
Time Commitment: Contact Hours: 24 - 26 contact hours per subject.
Total Time Commitment: The time commitment for this subject depends on the candidates background and experience.
Prerequisites: N.A.
Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.
Subject Overview:

Objectives:

A student who has successfully completed this subject should:

  • Have a sound general knowledge of laws relevant to the entertainment industry – especially in the fields of music, book publishing and live theatre – in Australia, the United States and comparable jurisdictions
  • Be familiar with the range of intellectual property rights, both statutory and non-statutory, that are relevant to the entertainment industry, especially in the above fields
  • Have a practical, as well as legal, understanding of contractual arrangements employed in the entertainment industry, especially in the above fields
  • Be aware of the laws available to protect the privacy and reputation of those engaged in the entertainment industry
  • Appreciate the need for laws to constantly develop to take account of new practices and technologies.

Syllabus:

Principal topics will include:

  • The entertainment industry and measures of social value; stakeholders within and outside the industry; need for law; range of relevant laws
  • Intellectual property and misappropriation: Copyright and neighbouring rights, moral rights, trade mark rights, publicity rights, passing-off, trade secret protection and unfair competition
  • Contracting in the entertainment industry: Licensing, joint ventures, examples of contracts in use (such as book publishing, music touring, character merchandising); processes and strategies adopted in negotiation
  • Expansion of rights: Technological developments, sui generis or incremental responses, US and Anglo-Australian approaches
  • Privacy and related issues: Implications for industry practice and entertainers
  • Practical exercises on negotiation and drafting book and merchandising contracts (explored in a workshop environment).
Assessment:
  • Seminar participation (10%)
  • Take-home examination (90%) (21–24 August)

    or

    Research paper 8,000 words (90%) (5 October) (topic approved by the subject coordinator
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Please see the Subject Objectives for this information.
Links to further information: 730-797Entertainment LawMelbourne Law Masters, postgraduate law, post-graduate law, graduate law2009P

Objectives:

A student who has successfully completed this subject should:

  • Have a sound general knowledge of laws relevant to the entertainment industry – especially in the fields of music, book publishing and live theatre – in Australia, the United States and comparable jurisdictions
  • Be familiar with the range of intellectual property rights, both statutory and non-statutory, that are relevant to the entertainment industry, especially in the above fields
  • Have a practical, as well as legal, understanding of contractual arrangements employed in the entertainment industry, especially in the above fields
  • Be aware of the laws available to protect the privacy and reputation of those engaged in the entertainment industry
  • Appreciate the need for laws to constantly develop to take account of new practices and technologies.

Syllabus:

Principal topics will include:

  • The entertainment industry and measures of social value; stakeholders within and outside the industry; need for law; range of relevant laws
  • Intellectual property and misappropriation: Copyright and neighbouring rights, moral rights, trade mark rights, publicity rights, passing-off, trade secret protection and unfair competition
  • Contracting in the entertainment industry: Licensing, joint ventures, examples of contracts in use (such as book publishing, music touring, character merchandising); processes and strategies adopted in negotiation
  • Expansion of rights: Technological developments, sui generis or incremental responses, US and Anglo-Australian approaches
  • Privacy and related issues: Implications for industry practice and entertainers
  • Practical exercises on negotiation and drafting book and merchandising contracts (explored in a workshop environment).
  • Seminar participation (10%)
  • Take-home examination (90%) (21–24 August)

    or

    Research paper 8,000 words (90%) (5 October) (topic approved by the subject coordinator
N.A. N.A.24 - 26 contact hours per subject.Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.Please see the Subject Objectives for this information.The time commitment for this subject depends on the candidates background and experience.N.A.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.LawLawYNNNParkvillePARKVILLEFor the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730797730-7972

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