University of Baltimore Law School
Tuesdays 5:00-7:40pm
Room 212 LAW 881/SEC 512/Fall 2001
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Prof. Diane Leigh Davison, Esquire 1517 Reisterstown Road, Suite 101
Baltimore, Maryland 21208
(W) 410-486-0900 / (F) 410-486-0901
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ENTERTAINMENT LAW SYLLABUS
- INTRO TO ENTERTAINMENT LAW: What is Entertainment Law?
Entertainment Law resources. How to practice LAW. Who is the client?
- BUSINESS ENTITIES: Corporations (especially close corporations) and
corporate formation; Limited Liability Companies (LLC); and Partnerships. State
Department of Assessment & Taxation (SDAT). IRS tax status and implications.
- SECURITIES
- INTRO TO IP; TRADEMARK: Introduction to and overview of Intellectual
Property. Trademark basics, trademark vs. servicemark. Understanding the
application
process and how to fill out & file trademark application forms.
- COPYRIGHT: Copyright basics, including joint works; derivative works;
infringement; fair use; and public domain. Copyright law statutes: 1909 & 1976
Acts, Berne
Convention, Lanham Act, etc. How to fill out & file copyright application
forms for all areas
of the arts. Search services.
- CONTRACT ANALYSIS: General overview of contract basics: standard terms and clauses
(naming the parties, term, consideration, obligations, photocopy, entire
agreement, choice of law, modification, writing signed, indemnification,
gender, etc.);
"borrow & bastardize." Letter Agreement vs full Contract. Who do you represent?
Representing both parties-conflict of interest; mediating the agreement; use
of Releases. Non-Disclosure & No-Compete. Bargaining position, trying to be fair.
- MANAGEMENT & AGENCY CONTRACTS
- VISUAL ARTS: Moral rights, property rights, work-for-hire doctrine,
gallery
contracts, consignment/sales contracts, photography, review of copyright,
Visual Artists
Rights Act of 1990 (17 U.S.C. Section106(A)).
- PUBLISHING: Book publishing, small press, magazines, advertising,
etc.
Screenplays and scripts: Literary Purchase(Acquisition) and Option Agreements.
Writer's
Guild (WGA).
- MUSIC: Introduction: publishing (ASCAP & BMI); royalties,
copyrighting music.
Record company and production deals. Digital sampling. Variations in state
laws-New
York, California, Tennessee, Maryland. Miscellaneous contracts-Performance,
Tour, etc.
INTRO TO FILM
- UNIONS: Guest Speaker-Jane Love, Executive Administrator, AFTRA/SAG.
- FILM: Financing. Production deals. Studios vs independent film
companies.
Actor's Employment Contract/Multiple Picture Agreement. Miscellaneous film
production
issues. Rights of Privacy-Releases for name & likeness, etc.
- TV & THEATER: Review sample contracts and basic terms & clauses.
- WRAP-UP: Re-cap basic "philosophy" underlying Entertainment Law.
Career
possibilities. Question & answer session. Review the Final Paper requirements.
GRADING
Homework Assignments: 60 points (10 points each x 6)
Final Project: 40 points
Extra Credit: 10 points
Attendance will be kept. It will not be graded in general, but it may raise or
lower a final course grade if on the borderline between two grades.
Return to Entertainment Law
Course.
©1996-2001, Diane Leigh Davison.
All
Rights Reserved.
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