LPC

Study Unit Specifications (Elective Subject)

Code: UJXTT7-10-M

Title: Media & Entertainment Law

Version: 2

Level: M-level

UWE credit rating: 10

ECTS credit rating: 5 Module Type: Non-MAR

Owning Faculty: Social Sciences and Humanities

Field: n/a Field Leader: n/a

Valid From: September 2008 Discontinued from:

Contributes towards: Postgraduate Diploma in Legal Practice

Pre-requisites: none

Co-requisites: none

Excluded combinations: none

1. Rationale:

As with all study units on the programme, the rationale is to prepare the student for the first day of work as a professional lawyer (i.e. as a new trainee solicitor in a firm of solicitors). Specifically in this case, the rationale is to prepare the student for work in the niche practice areas of media law, entertainment law and intellectual property.

2. Learning outcomes:

On completion of the study unit students are expected to be able to (at a professional level):

2.1 recognise and understand different types of commercial contracts; their principal terms, and the legal and commercial considerations underlying the contracts and relevant transactions;

2.2 undertake the drafting, amending and interpretation of some principal terms of some contracts in this field of practice;

2.3 research, interpret, understand, critically evaluate and advise on the relevant law and self-regulatory codes which underpin many of the considerations of the clients in the media and entertainment industry;

2.4 appreciate how different transactions are carried out in practice

3. Syllabus outline:

This study unit is designed for students who wish to consider doing commercial work, with a strong emphasis on advising clients in the entertainment and media industry. The study unit introduces students to the unique commercial considerations underlying the objectives of such clients and contextualise these commercial considerations by exposure to a wide range of different commercial contracts applicable in the media and entertainment industry. In particular, students will consider:

3.1 An introduction to a range of transactions within the field of media and entertainment law, with the specific emphasis on terms within commercial contracts. Students will also be introduced to the specific commercial considerations of clients who work in the entertainment industry.

3.2 The music industry: in particular, students will be introduced to considerations about running the affairs of musicians, with specific reference to the relationship between performer and manager, the relationship between artist and record company, and the relationship between songwriter and publishing company.

3.3 An introduction to aspects of Sport and the Law. Here emphasis will be placed on the sponsorship agreement, and merchandising and endorsement agreements. Consideration of the implications of freedom of contract post-Bosman, particularly in soccer and rugby, and the role of agents may be considered. Consideration may be given to issue of drugs and drugs control in sport.

3.4 An introduction to copyright law, particularly in published works, and considerations for taking action to prevent infringement of copyright. Consideration will be given to moral rights and rights in performances.

3.5 Defamation and obscenity, in terms of publishing, and a look at proceedings involving newspapers in particular, and prevention of publication of potentially defamatory remarks.

3.6 An introduction to the Advertising industry and its codes of practice, comparative advertising, advertising offences such as misleading prices, and also look at passing off.

3.7 An introduction to the Film and Television industry and to the types of rights which are the subject of agreements, including performers’ rights. Video rights and satellite and digital TV rights. In addition, some consideration of film finance will take place.

3.8 An introduction to aspects of the telecommunications industry, with particular reference to computer software, and publishing material on the internet, and regulation of the internet.

4. Teaching & learning methods:

- use of case studies and other practical factual scenarios

- individual and / or group work to identify relevant legal, practical, taxation
and commercial issues arising from factual scenarios / transactions

- individual and /or group presentations

- simulations or ‘mock’ interviews and / or negotiations

- preparation of memos to (notional) ‘colleagues’ within an office environment

- writing letters of advice to (notional) clients

- drafting (or amending) relevant transactional documentation and / or the
completion of relevant forms

- research into law and practice

5. Indicative sources:

- relevant LPC manual: Media & Entertainment Law by Carey and Verow (Jordans)

- relevant statutory sources: Extracts from Copyright Designs and Patents Act 1988, Data Protection Act 1998, Defamation Act 1996, Electronic Communications Act 2000, Distance Selling Regulations 2000

- relevant regulatory sources: Relevant rules and codes of BCASP, ASA, ITC, PRS, BPI, MCPS, PPL

- students are referred to relevant case law

- any other relevant materials : Internet resources of the relevant bodies

6. Assessment Infrastructure:

One 3-hour unseen, open book examination (with an additional 30 minutes of reading time).

The examination constitutes 100% of the marks for the study unit. The pass mark is 50%.

Second and final attempts: Re-assessment is by the same method as detailed above. See Assessment Regulations for further details.

Specification confirmed by ............................................... Date …....February 2004

(Associate Dean, Faculty of Law)