LAW5431 - International entertainment law - 2019

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.

On completion of this unit students will be able to:

• Apply knowledge and understanding of recent developments in relation to fundamental issues in international entertainment law with creativity and initiative to new situations in professional practice and/or for further learning;
• Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the law, policies and traditions of Australia and other various other countries of the world that influence the recognition, development, promotion and protection of interests in entertainment products, services and personalities;
• Conduct research in international entertainment law based on knowledge of appropriate research principle and methods;
• Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to international entertainment law.

One research assignment (3,750 words): 50%

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

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