units

LAW7495

Faculty of Law

Monash University

Postgraduate - Unit

This unit entry is for students who completed this unit in 2014 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

print version

6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered, or view unit timetables.

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 2 2014 (On-campus block of classes)

Notes

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

The contemporary entertainment lawyer must possess a core competence in intellectual property, contracts and licensing, negotiation strategies, business organization, commercial transactions, and international and comparative law as well as familiarity with a host of other topics. This course is designed to consider the fundamental substantive issues found in international entertainment law, including the impact of myriad domestic and global regimes implicated in the study, and to arm the participant with the knowledge and skills necessary to embark upon a practice in the subject area.
The topics considered in the course include but are not limited to: rights of image of celebrities; intellectual property assets and the cross-border acquisition of rights; the effect of established and emerging multi-media platforms on entertainment products and services; the employment of extra-territorial talent; the authority of talent guilds over foreign performers and performances; international financing of motion pictures and sound recordings; barriers created by copyright and international trade law to cross-border distribution of recordings, videos, books and magazines; issues related to exhibition, performance and sale of entertainment, such as domestic content requirements, regulation of offensive content, international piracy, and the cross-border collection of music and movie royalties; and the structure of entertainment contracts of various sorts. Since the topic is global and is significantly affected by diverse cultural and economic influences and experiences, the laws and perspectives of a breadth of countries, including but not limited to Australia, the United States, the United Kingdom, Canada, Japan, Germany, and France will be considered.
This course is appropriate for both generalists seeking an introduction to the subject as well as specialists who desire to consider advanced topics. This course is appropriate for both generalists seeking an introduction to the subject as well as specialists who desire to consider advanced topics.

Outcomes

Upon completion of this unit, students should:

  1. be able to identify and critically examine the fundamental issues in international entertainment law, including the domestic and global regimes implicated in the study;
  2. be able to identify and appreciate the significance of key of features of the different rights available in respect of entertainment products, services and personalities;
  3. understand, and be able to analyse critically the law, policies and traditions of Australia and various other countries of the world that influence the recognition, development, promotion and protection of interests in entertainment products, services and personalities;
  4. have practical skills that will permit them to draft licenses, permissions, releases and other documents that affect such entertainment interests;
  5. be able to engage in cross-cultural legal analysis;
  6. be able to find and analyse relevant resources relating to international entertainment law; and
  7. further develop oral articulation of legal argument during class discussions.

Assessment

One research assignment (3,750 words): 50%
One take-home examination (3,750 words): 50%

Chief examiner(s)

Workload requirements

Students enrolled in this unit will be provided with 24 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering.