COURSE NUMBER: Theatre 433/ Comm 433

COURSE SYLLABUS

“Both,” Garp wrote, “were of the opinion that the practice of law was vulgar, but the study of it was sublime.”    John Irving

Text:        Readings on D2L

Semester:    Fall 2008 – Winter Interim – January 2009

Date & Time:    MTWThF – 9:00 am – 12:00 pm

Instructor:    John S. Zarbano, J.D. M.A. B.A.

Office – ACW 120 – Office Hours: 2:30 – 3:30 T-Th, or by appointment:

Telephone number: 920.235.2415 email: zarbanoj@uwosh.edu

Liberal Arts Statement From the College of Letters and Science web page:

A liberal arts education transcends preparation for specific careers. A liberal arts education prepares students to be responsible citizens who understand and contribute to the changing world in which they live. It exposes students to a broad spectrum of knowledge about the human experience and the natural world, from contemporary science to literature, music and art. It enhances the skills of communication and critical thinking. It challenges students to appreciate their cultural heritage, to be sensitive to diverse traditions and opinions and to value truth. It encourages students to develop a lifelong commitment to inquiry. In sum, a liberal arts education develops the whole person who values knowledge for its own sake as well as for the achievement of specific objectives.

Course Description:

Entertainment Law provides a broad overview of law relating to the entertainment industries and the arts; it exposes students to basic legal principles inherent in radio, television, motion pictures, theatre, fine arts, and music publishing and recording, such as First Amendment right of free speech and the penumbral rights of privacy and publicity; federal regulation of copyrights, trademarks, and trade names, and the transfer of intellectual property rights; federal regulation of radio and television industries.

Course General Rules:

This syllabus has been prepared for informational purposes only.  None of the statements, objectives, schedules, assignments, or rules contained in this syllabus constitutes a contract, express or implied.  I may modify this syllabus unilaterally, at my sole discretion, at any time, with or without notice.   All students are placed on their honor to complete their own course work.  Acts of plagiarism, cheating, and deception are unacceptable and will not be tolerated.

All students will strictly adhere to the time limits placed on course assignments including but not limited to attendance, discussions, web tasks, and examinations.

Note: When doing web tasks, you may wish to open the target website in a new browser window so that you can review the questions easily as you work on the assignment.

All students shall use Standard American English in their writings.  Slang, colloquialisms, and ellipses often fail to communicate.  In all discussions, students shall be polite and courteous towards each other.  Each student shall be respectful of another student’s opinion and shall respond only to the student’s stated contentions.  Ad hominem attacks are unprofessional and unacceptable.

Course Learning Objectives:

• Using US Supreme Court decisions, students will construct legal opinions applying the First Amendment to hypothetical fact situations concerning: 1) Right to Privacy, 2) Right to Publicity, 3) Defamation, 4) Obscenity, and/or 5) Film Violence.
• Using the appropriate forms from the United States Copyright Office website, students will prepare mock copyright registrations on original works of their choice.
• Students will evaluate the relationship between intellectual property and the entertainment industries after negotiating and drafting mock contracts for the acquisition of intellectual property rights,
• Using the appropriate forms from the State of Wisconsin website, students will create mock industry business organizations of their choice.

Course Schedule:  Please note that this schedule may change without notice.

January 5

Course Introduction: Readings and discussion on the nature of law based on readings from Philosophy of Law an Introduction to Jurisprudence and students’ individual research on the death penalty or National Security Agency warrantless wiretaps.

Assignment: Select a theory of jurisprudence (natural law, legal positivism, legal realism, etc.) and, using the precepts of such theory and your individual research, construct your position, either pro or con, on either 1) the Eight Amendment and the death penalty, including current methods of execution (lethal injection, electrocution, gas chamber, hanging, or firing squad), or 2) National Security Agency warrantless wiretaps.

January 6

Lecture and discussion on the nature of law

Assignment: Readings on constitutional issues on First Amendment topics of Right to Privacy, Right to Publicity, Defamation, and Obscenity, including case excerpts from Griswold v. Connecticut, Roe v. Wade, Doe v. Bolton, the Restatement (Second) of Torts §558, New York Times v Sullivan and progeny, Miller v. California and progeny, Midler v. Ford Motor Company (Bette Midler case), Waits v. Frito-Lay (Tom Waits case)

Web Tasks: Constitution - History and Text and US Supreme Court

January 7

Discussion on assignment and lecture and discussion on constitutional issues on topics of Right to Privacy, Right to Publicity, Defamation, and Obscenity

Assignment: Readings on statutory issues on copyrights, and ownership/transfer of copyrights and the topics of: idea versus expression, idea submission, and negotiated acquisition.  Readings on trademarks, trade names, and antitrust issues

Web Task: US Department of Justice - License

January 8

Lecture and discussion on statutory issues on copyrights, ownership and transfer of copyrights and the topics of: idea versus expression, idea submission, and negotiated acquisition.

Assignment: Readings on topics of trademarks, trade names, antitrust issues, contracts and business organizations.

Web task: Mock registration of copyright through the US Copyright Office and/or mock registration of Trademark through the US Patent and Trademark Office.

January 9

Continuation of lecture and discussion on statutory issues on copyrights, ownership and transfer of copyrights and the topics of idea versus expression, idea submission, and negotiated acquisition Lecture and discussion on trademarks, trade names, and antitrust issues Lecture and discussion on contracts and business organizations

Review for midterm examination.

January 12

Mid-term Examination Assignment:

Assignment: Readings on television topics of the Federal Communications Commission, the Commutations Act of 1934, Distribution Regulation, Program Regulation, and television contracts.

Assignment: Web task from State of Wisconsin website on creating and licensing of various business organizations: sole proprietorship, general partnership, limited partnership, limited liability company, and corporation.  Web Task: FCC and Broadcast Television

January 13

Lecture and discussion on television topics of the Federal Communications Commission, the Commutations Act of 1934, Distribution Regulation, Program Regulation, and television contracts.

Assignment: Readings on the topics of: acquisition of property rights for motion pictures, producing films through the studio model and the independent model, and distribution of films.

Web Task: Motion Picture Association of America and US Department of Justice - Antitrust

January 14

Lecture and discussion on the topics of: acquisition of property rights for motion pictures, producing films through the studio model and the independent model, and distribution of films.

Assignment: Readings on topics of theatre, Actors Equity and Equity contracts, production contracts and copyright consideration regarding public performance, reproduction, adaptation, and royalties.

Web Task: Actors' Equity, LORT, League of American Theatres and Producers, and Dramatists Guild of America

Conferences on re-write of midterm examination

January 15

Lecture and discussion on topics of theatre, Actors Equity and Equity contracts, production contracts and copyright consideration regarding public performance, reproduction, adaptation, and royalties.

Assignment: Readings on topics of music publishing: principal types of agreements, including songwriter, administration, collection, and management agreements; business relationships including agents, accountants, and business managers. Also, topics of performing rights including blanket licensing and split licensing, specific copyright applications for musicians, and record industry contacts.

Web Task: NMPA, ASCAP, SESAC, and US Copyright Office - License

Conferences on re-write of midterm examination.

January 16

Lecture and discussion on topics of music publishing

Assignment: Readings on topic of sound recording.

Conferences on re-write of midterm examination.

January 19

Martin Luther King Jr. Day – No Class: Class time previously used for individual conferences on Midterm Examination re-write.

Assignment: Readings on topics of the various business organizations: sole proprietorship, general partnership, limited partnership, limited liability company, and corporation.

January 20

Re-write of Midterm Examination due.

Lecture and discussion on topic of sound recording; Lecture and discussion on the various business organizations: sole proprietorship, general partnership, limited partnership, limited liability company, and corporation.   Assignment: Readings on topics of: literary publishing and publisher-author contract, photographers and visual artists, and electronic publishing.  Assignment of roles in the mock trial of Ruthless Records, Plaintiff, vs. Suzy Sweetvoice and IONA Record Company, Defendants

Web Task: Authors Guild

January 21

Lecture and discussion on topics of literary publishing, publisher-author contract, photographers, visual artists, and electronic publishing

Assignment: Readings on topics of the Internet with its effect on copyright and trademark, international protections, and cyber law jurisdiction.

January 22

Lecture and discussion on topics of the Internet with its effect on copyright and trademark, international protections, and cyber law jurisdiction

Mock Negotiation of Industry Contracts.

Mock trial of Ruthless Records, Plaintiff, vs. Suzy Sweetvoice and IONA Record Company, Defendants.

January 23

Final Examination

Course Requirements:

Students are assessed on the following requirements:

1.    Prompt attendance and prepared attendance are required unless absence is justified or excused.  Attendance and in-class participation, including conferences and web tasks comprise 30% of the final grade and carry a total point value of 300 points.

2.    The midterm examination comprises 30% of the final grade and carries a point value of 300 points.  The points for the midterm examination will be divided as follows: 200 points for the initial taking of the examination and 100 points for the re-write of the examination.

3.    The final examination comprises 40% of the final grade and carries a point value of 400 points.

4.    Depending upon the needs of the class as a whole, optional extra credit may be extended.  Extra credit points may be assigned to each of the examinations and to other tasks at my sole discretion.

The total points for the class equal 1000 and the grading scale is based on a “percentage of points” system, which translates to letter grades as follows:

A         93% to 100%

AB       Less than 93% to 87%

B         Less than 87% to 83%

BC       Less than 83% to 77%

C         Less that 77% to 70%

CD       Less than 70% to 67%

D         Less than 67% to 60%

F          Less than 60%