Seminar in Entertainment Law

Course No. 603-81

Spring, 2013

Professor Perritt

Room 547

Thursday

4 PM - 5:50 PM

Students and topics

Jozenda Fernandez: Corporate Cannibal: Setting artistic boundaries in a copyright license for adaptation of a novel or graphic novel to make a movie (a novel)
Jakub Fornalik: Players' Agents' Role in Football Transfer Market: Evaluating the Need of Improving FIFA Regulations
Melanie Kibbler: Collaboration: who owns what aspects of a play, once it is produced (a script)
Linda Lei: Idea Submission Cases: Pro Rata Damage Calculation Needed
Ryan Moore: For the Win: legal theories and remedies for disappointed sports or music fans
Ryan O'Keefe: Pay for Play: legal theories for enforcing due process by NCAA when it disciplines football players
Marcos Nazar: Desirable contract terms to bind bands to new kinds of intermediaries in the Internet-based marketplace
Alex Reich: Salary Scale in Pro Baseball: baseball salary arbitration
Orion Swan: Patch's Right: legal relationships inside music collectives
Tim Schaefer: The Art of Theft (a novel)
Daniel Wojtczak: Classical music distribution and possibility of conscious parallelism among major record companies

Schedule

First day, 24 Jan.

31 Jan: In-class reading of Giving Ground, discussion and submission of suggested revisions

Casting (character assignments for reading) Word .pdf

Revised script Word .pdf

7 Feb: In-class reading of Goal to Go, discussion and submission of suggested revisions (current script: Word .pdf)

Casting (character assignments for reading) Word .pdf

14 Feb:

Ryan Moore: Legal theories and remedies for disappointed sports or music fans

Ryan O'Keefe: Legal theories for enforcing due process by NCAA when it disciplines football players

Orion Swan: Legal relationships inside music collectives

21 Feb:

Linda Lei: Implied contractual and fiduciary obligations not to misappropriate story ideas provided to an agent by a creative artist

Jozenda Fernandez: Setting artistic boundaries in a copyright license for adaptation of a novel or graphic novel to make a movie (a novel)

Melanie Kibbler: Who owns what aspects of a play, once it is produced (a script)

28 Feb: Status review (everyone)

7 Mar:

Tim Schaefer: Text of an amendment to copyright law or a creative commons licenses allowing sampling and cover-song performance (a novel)

Adam Stone: Use of copyrighted videogame software and artifacts to create new audiovisual works

Daniel Wojtczak: Competition law issues in the digital distribution of classical music


14 Mar:

Jakub Fornalik: Evaluation of professional player agents' role in transfer market, based on FIFA regulations

Marcos Nazar: Desirable contract terms to bind bands to new kinds of intermediaries in the Internet-based marketplace

Alex Reich: Reforming baseball salary arbitration

 

28 Mar:

Fernandez

4 Apr:

Moore

Schaefer

11 Apr (start class at 3:30):

Nazar

Swan

Lei

18 Apr (class runs until 6 PM):

O'Keefe

Reich

Kibbler

25 Apr:

Fornalik

Wojtczak

 

2 May: TBA

Course evaluation questionnaires

 

Presentation guidelines

 

Possible topics (topics are not limited to these)

  1. Write a script,screenplay, or short novel on an entertainment or sports law subject and evaluate legal issues
  2. Legal implications of a broadening of distribution channels for video entertainment
  3. College athletes as employees
  4. Application of NCAA disciplinary procedures as due process violations
  5. Specific NCAA, NFL, or NBA rules as antitrust violations
  6. Raising capital for a music or video project without violating the securities laws, especially considering new crowd-sourcing statute and SEC rules
  7. Draft a model agreement for collaboration on a video project through crowdsourcing, explaining options
  8. Avoiding barriers to redistribution of images of athletic events and facts relating to them
  9. Evaluating Hollywood contractual practices, starting with Celador Limited v. Walt Disney Co, 2009 WL 3335357 (C.D. Cal. 2010) [links to most recent documents are on this Westlaw page]
  10. Legal theories on behalf of persons leafletting on the public sidewalk outside the venue of a competing production (First Amendment, antitrust, international interference with contractual relations); availability of preliminary injunctive relief
  11. Open source software for videogame production
  12. Crowd sourcing for videogame, movie, dramatic, or novel creation and production
  13. Narrative in videogames
  14. How short can a narrative be: limits on the migration of video entertainment to YouTube?
  15. Serialization, soap operas, and YouTube
  16. Design IP agreements for a crowd-sourced movie
  17. Evaluate hypothetical legal disputes involving particular contract language for a stage production or a movie
  18. Legal relations among members of a rock band, artistic ensemble, or production company: who owns the IP in songs and recordings?
  19. Legal relations among filmmakers: who owns what?
  20. When is file sharing among friends and relatives fair use?
  21. Legal duties and powers of agents and managers
  22. Will video entertainment (movies, TV and video games) follow in the footsteps of recorded music?
  23. Evaluate business models for indie moviemaking
  24. Efficacy of trademark protection for indie bands and filmmakers
  25. Protecting actor "ownership" of characters and roles
  26. Impact of bankruptcy of labels and flim producers on entertainers, authors, and others
  27. Law and economics of AFM, Actors Equity and other entertainment-union policies towards independents
  28. Constitutionality of "anti-bootleg act"
  29. Nominative use of trademarks for cover bands
  30. Privacy claims against imitators, cover bands, authors/producers of fan-fiction, fantasy football, or videogames
  31. Economic and legal evaluation of new forms of intermediation for music and video
  32. Legal and business frameworks for micro advertising
  33. Evaluation of alternative business-entity forms for theatrical productions, indie movies, and indie bands
  34. Legality (under the labor- and antitrust laws) and economic efficacy of collective bargaining by indie musicians with record labels, promoters, and venues

Professor Perritt's recent articles

Crowdsourcing Indie Movies

Competitive Entertainment: Implications of the NFL Lockout Litigation for Sports, Theatre, Music, and Video Entertainment, 35 Hastings Comm. & Ent. L. J. 96 (2012) (last page proofs) (.pdf)

The Internet at 20: Evolution of a Constitution for Cyberspace, 20 Wm. & Mary Bill Rts. J. 1115 (2012) (.pdf)

Cut in Tiny Pieces: Ensuring That Fragmented Ownership Does Not Chill Creativity, 14 Vand. J. Ent. & Tech. L. 1 (2011) (.pdf)

New Business Models for Music, 18 Vill. Sports & Ent. L. J. 63 (2011) (.pdf)

Technologies of Storytelling: New Models for Movies, 10 Va. Sports & Ent. L. J. 106 (2010) (.pdf)

New Architectures for Music: Law Should Get Out of the Way, 29 Hastings Comm. & Ent. L. J. 259 (2007) (.pdf)