module specification

This module begins by considering the contractual environment within the music industry and associated sectors.   Important contractual areas will be critically examined including management agreements, recording agreements, self-release and 360 degree deals, publishing agreements, production agreements, live performance agreements, sponsorship and merchandising agreements. The emphasis will be on enhanced practical understanding of contractual frameworks, best negotiating practice, and the role and use of legal agreements within the business imperatives of music companies and within the career strategies of artists and managers.
In addition, the broader “entertainment” industry will be explored in relation to its evolving legal framework.

The aims of this module are to: 

1. Provide students with an opportunity for analysis and application of the law to factual circumstances which occur in the music and related industries
2. Understand the obligations and expectations created by various forms of contractual relations within the sector
3. Understand the legal status of contractual agreements and the courts role in contractual disputes
4. Understand contract negotiations, strategies and games / negotiation theories
5. Evaluate appropriate contractual agreements in relation to particular factual circumstances between different parties
6. Understand the basic tenants of the English legal system and its similarities / differences with overseas systems.
7. Understand the broader entertainment industry and its legal frameworks

Introduction to legal contracts, their status and enforceability
Introduction to the English legal system
Doctrine of Restraint of Trade and Undue Influence
Negotiating Skills and practice
Management agreements and the representation of artists
Recording agreements
Production agreements
360 degrees deals and new types of agreement in the sector
Publishing agreements
Live performance agreements
Sponsorship and merchandising agreements
Terms and conditions

This module will be delivered through weekly 3 hour workshops. Workshops will involve the formal transmission of content in an interactive setting and will also involve practical work as group work and discussions involving real life case studies. Particular importance will be placed on how contracts are conceived and negotiated and how music and entertainment companies operate within a web of contractual relationships

Students will be given directed reading tasks in support of group exercises and class preparation may require the use of library and on-line legal resources. Video and other media resources will also support workshop tasks.  Particular emphasis will be placed on analysing business problems from a contractual perspective, in order to prepare students for real life employment scenarios.

On successful completion of the module, students will:

• Evaluate basic contracts typical to the sector
• Analyse the language and logic of contractual drafting in order to operate effectively and legally in the sector
• Critically understand the process of contract negotiation
• Evaluate the shifting bargaining power of different stakeholders within the music and entertainment industries
• Develop and evaluate the capacity of problem solving by the application of knowledge to case studies
• Develop and evaluate  key skills of legal analysis, understanding legal sources, and the presentation of legal argument
• Analyse primary and secondary legal materials

Be able to undertake self-directed research and present their findings succinctly under examination condition

Summative Assessment:
Students will be summatively assessed by means of 1 written practical exercise, and 2 extensive multiple choice in-class tests

1. Written practical exercise (1800 words).
   Reading, analysis and amendment of a contract on behalf of a specific party
   40% weighting
2. First In-class multiple choice test
   30% weighting
3. Second in-class multiple choice test
   30% weighting

Assessment Criteria for written practical exercise:

• demonstrate a clear and logical understanding of the contractual issues
• critical analysis of the issues from the perspective of a specified party
• demonstrate a detailed understanding of the relevant subject areas
• relevant and practical application of “industry norms”
• ability to reach conclusions and to make recommendations where possible
• well written and structured answers

Harrison, A (2009) Music The Business: The Essential Guide to the Law and the Deals, Virgin Books 2nd ed.

Bainbridge, D (2002) Intellectual Property, Pitman, 5th ed

Smith & Keenan (2001) English Law, Longman 13th ed.


Carey, P (2010) Media Law, Sweet & Maxwell, 4th ed.
Manchester
Cavendish.
Carey, P and Verow, (2002) Media and Entertainment Law, Jordans 2nd ed.

Clarke, J (2000) Law of Torts, Pitman
Krasilovsky, M. W. and Shemel, S. (2000) This Business of Music (8th edition) Billboard Books
Passman, D All you need to know about The Music Business, penguin Books (2013)

Journals:

Entertainment Law Review


New Law Journal
Westlaw and other prescribed law databases
www.bbc.co.uk/news/entertainment_and_arts/

www.bbc.co.uk/news/technology/

E Letter resources :

Digital Music News

Music Business Worldwide