|
|
Program Requirements
LL.M. in ENTERTAINMENT & MEDIA LAW
In a field like Entertainment Law, it is vital not only to develop and enhance one's legal skills, but also to make lasting impressions and connections with those who have insight and experience in the entertainment industry. Chapman's LL.M. in Entertainment & Media Law lets students access a complete film & television school - the http://ftv.chapman.edu/ - and our close proximity to the "entertainment capital of the world" gives students a distinct advantage making these connections. Our LL.M. program lets students pursue not only traditional Entertainment Law courses, but also lets students take valuable, in-depth courses in our film school. A student who exploits this unique combination of curriculum may have a competitive edge in this field.
Credits
Twenty-four (24) units of credit are required to obtain the LL.M. degree. Full-time students may enroll in a minimum of nine (9) and a maximum of fourteen (14) units per semester. To receive financial aid, a student must be enrolled in a minimum of five (5) units per semester. Degree requirements must be completed within four (4) years.
Core Courses
The LL.M. degree in Entertainment and Media Law requires completion of two or three required core courses. Introduction to American Law, a two credit course taught at before the beginning of each fall semester, is required of all foreign lawyers with a degree from a non-common law jurisdiction or law school.
In addition, all LL.M. students are expected to complete a substantial writing project, and it is recommended that students consider completing this requirement through directed research. Students also are strongly encouraged to pursue experiential learning opportunities, either through enrollment in an externship for credit (normally 3 to 5 credits), or through other volunteer or paid employment.
Transfer Credits
In some circumstances, student may receive credits toward the LL.M. degree for courses taken before matriculation into the LL.M. Program, and for courses taken at another law school or in Chapman University School of Law's J.D. curriculum after matriculation into the Program. The grades in such courses are ignored in determining whether the student's grade point average satisfies the LL.M. degree requirements.
A student may petition to receive up to six (6) credits toward the degree for certain LL.M. level courses or advanced J.D. level courses taken at any ABA-accredited law school during the three academic years preceding matriculation into the Program and within five years of completing the Program, provided in the case of each course that (1) the course is determined to be equivalent to a course or courses currently included in the LL.M. curriculum and (2) the student received at least a grade of "B" or the equivalent in the course. Applicants requesting such credit should so indicate when applying for admission and provide a syllabus or other description of the material covered in the course for which such transfer credit is sought. In no case will credit be given for extension or correspondence courses. In unusual cases, a student may petition the Director of the Program in order to request additional transfer credits.
With the approval of the Director, a student may petition to receive up to twelve (12) credits toward the degree for LL.M. level courses or advanced J.D. level courses equivalent to courses currently in the LL.M. curriculum taken at Chapman University School of Law during the three academic years preceding matriculation into the Program and within five years of completing the Program, provided the student received at least a grade of "B" in the course for which credit is sought. With the prior approval of the Director and for good causes shown, a matriculated student may receive up to six (6) credits in the aggregate for LL.M. level courses taken at another ABA-accredited law school and courses taken in the Chapman University School of Law J.D. curriculum, provided the student receives at least a grade of "B" or the equivalent in each such course.
Admission
Admission to the Program will be open to graduates of ABA-accredited American law schools or foreign equivalents. An application must include law school and college transcripts, a resume or c.v., two (2) letters of recommendation, and a personal statement outlining the student's preparation, interests, and goals for graduate study.
An applicant will only be admitted if the applicant's record, viewed as a whole, indicates that the applicant is likely to complete the Program successfully. The applicant's academic record (at the undergraduate, graduate, and law level) and relevant experience are the primary factors considered.
At this time, the curriculum design and schedule assume that students will begin the Program in the fall semester. Thus, applicants for spring entry should contact the LLM admissions office before submitting an application. The priority deadline for admissions is March 1, with a final deadline of June 1. Foreign lawyers are especially encouraged to submit their applications as early as possible, in order to ensure enough time for the processing of student F-1 visas.
For Foreign Lawyers:
Foreign students who have not studied or received a degree at either an English language law school or university must complete the Test of English as a Foreign Language (TOEFL) with a score of 600 on the paper-based test, 250 on the computer-based test, or 100 on the Internet-based test.
In addition, those students who do not possess a J.D. or LL.M. degree from either an American, Canadian, or other common law jurisdiction law school will be required to take a two-week summer course, Introduction to American Law, designed exclusively for LL.M. students and taught by the Director of Graduate Studies, supplemented by the participation of other Chapman faculty and staff.
Faculty
 Kathy Z. Heller,
Executive Director, Entertainment Law Program
Chapman University School of Law
One University Drive, Orange, California 92866
Email: kheller@chapman.edu
Telephone: (714) 628-2675
Kathy Z. Heller earned her undergraduate degree in education and her Juris Doctor degree at the University of Wisconsin. She began her legal career as assistant counsel to the U.S. House of Representatives Subcommittee on Criminal Justice where her responsibilities included hearings and legislation on revisions to Title 18 of the U.S. Code (Crimes and Criminal Procedure), the U.S. Sentencing Commission, Pretrial Services and the federal death penalty. She then moved across Capital Hill to serve as counsel to the full Senate Judiciary Committee and counsel to the subcommittees with jurisdiction over immigration, criminal justice, security and terrorism, and intellectual property. She then went to London, England and served as Assistant General Counsel at United International Pictures, the foreign distribution company for MGM, United Artists, Paramount Pictures and Universal Studios, where her work included copyright, corporate, and employment law as well as negotiation and drafting of motion picture acquisition and distribution agreements. Upon her return to the United States, she was Vice President and Special Counsel for Congressional Relations at the Motion Picture Association of America, Inc., where she coordinated the formulation of policy and lobbying for the major U.S. motion picture studios. Since 1993 she has been in private practice representing corporations that provide products and services related to the entertainment industry, and corporations and individuals engaged in domestic and international media production and distribution. In January 2006 she became the Director of the Media and Public Interest Institute at Chapman University’s Lawrence and Kristina Dodge College of Film and Media Arts. She is a member of Women in Film and the British Academy of Film and Television Arts/Los Angeles.
 Tom W. Bell
Professor of Law
Chapman University School of Law
One University Drive, Orange, California 92866
Email: tbell@chapman.edu
Phone: (714) 628-2503
Professor Bell joined the faculty of Chapman University School of Law in 1998. He specializes in high-tech legal issues and has written a variety of papers on Intellectual Property and Internet Law. Professor Bell received his Juris Doctor from the University of Chicago Law School in 1993, where he served both as a member of the University of Chicago Law Review and as Articles Editor and cofounder of the University of Chicago Legal Roundtable. After graduating from law school, Professor Bell joined the Silicon Valley law firm of Wilson Sonsini Goodrich & Rosati. He entered teaching in 1995, when he became an Assistant Professor of Law in the Law and Technology Program at the University of Dayton School of Law. During a one year leave of absence from that school, and just prior to joining the Chapman faculty, he served as Director of Telecommunications and Technology Studies at the Cato Institute in Washington, D.C. In addition to writing a steady stream of scholarly works, Professor Bell has appeared on or been quoted in the Wall Street Journal, CNN, Los Angeles Times, and many other news sources. He teaches Intellectual Property, Internet Law, Advanced Seminar on Copyright Law, Entertainment Law, International Entertainment Law, Tort Law, Contract Law, and Agency and Partnership.
Courses Taught: Intellectual Property, Internet Law, Advanced Seminar on Copyright Law, Entertainment Law, International Entertainment Law, Tort Law, Contract Law, and Agency and Partnership
 Publications
 George "Judd" Funk
Visiting Clinical Assistant Professor of Entertainment Law
Chapman University School of Law
One University Drive, Orange, California 92866
Email: funk@chapman.edu
Judd Funk has worked as an attorney and senior executive in the entertainment industry for 30 years. His media interests were first sparked while still a law student at the University of Utah when he interned at the ABC Washington News Bureau with Ted Koppel at the State Department and Sam Donaldson at the White House. After beginning his legal career as a junior associate with a Musick Peeler in LA, he joined the entertainment legal community as a studio attorney at Columbia Pictures. A year later, he moved over to Twentieth Century Fox to work as Senior Production Counsel during the early “Star Wars” years. In 1984, the Satellite Network of America engaged him as Vice President of Programming to produce events ranging from Beach Boys revival concerts to Price Waterhouse Coopers tax seminars for closed circuit broadcast nationwide. He returned to Hollywood in 1988 where he was made head of Universal Pictures Legal Affairs, administrating its legal department for the next seven years. Thereafter he served as Executive Vice President at New Line Cinema for fifteen years overseeing business and legal affairs. Over the course of his entertainment career, Judd has functioned as either an attorney, business affairs executive or departmental head for over 300 motion pictures and also functioned as co-executive producer of “The Nativity Story.” He is a member of the Executive Branch of the Motion Picture Academy of Arts and Sciences.
Mary Lee Ryan
Visiting Clinical Assistant Professor of Entertainment Law
Chapman University School of Law
One University Drive, Orange, California 92866
Mary Ryan Lee is an entertainment attorney with over 25 years of experience in the domestic and international entertainment industries. While still a law student at New York University, she enjoyed teaching Contract Law and was awarded the Walter Derenberg Fellowship in Copyright Law. Following her passion for music and business, Mary Lee Ryan moved to Los Angeles where she got her start in the entertainment industry negotiating media contracts as an associate for Manatt, Phelps and Phillips. In 1988, she joined Columbia and Tri Star pictures in Burbank, where she negotiated music agreements for motion pictures and television shows, including the use of soundtracks, composers, and publishing agreements. A year later, she joined Rondor Music International, Inc., where she was made the Senior Vice President of Business Affairs. There, she negotiated some major agreements, such as the sale of Rondor Music International, Inc. to Universal Music Group, which was reported by the Wall Street Journal to be a 400 – 500 million dollar transaction. In 2002, Mary Lee Ryan went into private practice, working as an attorney and consultant to individuals and companies throughout the entertainment industry. Mary Lee Ryan joined Chapman as a visiting assistant clinical professor in 2010.
Adjunct Faculty
William B. Bunker
Adjunct Professor of Law
Chapman University School of Law
One University Drive, Orange, California 92866
Mr. Bunker is a partner at the highly regarded Newport Beach firm, Knobbe, Martens, Olson & Bear, LLP, where he specializes in intellectual property law. He has written and lectured frequently on intellectual property law and has served as a legal expert witness in various intellectual property matters. Mr. Bunker received his Bachelor of Science in Aerospace Engineering from California Polytechnic University Pomona and his Juris Doctor from Brigham Young University.
COURSES TAUGHT: Patents and Trade Secrets
Thomas Gray
Adjunct Professor of Law
Chapman University School of Law
One University Drive, Orange, California 92866
Mr. Gray, of counsel in the Orange County office of Orrick, is a member of the firm's Intellectual Property Group. He focuses on intellectual property litigation with an emphasis on trade secret litigation and counseling. Mr. Gray received his J.D., cum laude, from Santa Clara University School of Law where he was the Senior Articles Editor, Santa Clara Law Review. He received his B.A., in Economics, University of Pennsylvania. Mr. Gray also clerked for the Hon. Ronald M. Whyte of the United States District Court for the Northern District of California and the Hon. Martin J. Jenkins, United States District Court for the Northern District of California.
Kyhm Penfil
Adjunct Professor of Law
Chapman University School of Law
One University Drive, Orange, California 92866
Phone: Fax:
Email:
Ms. Penfil is Associate Counsel to the Chancellor at The University of California, Irvine, where she advises the Chancellor, Provost, Vice Chancellors and Deans on a broad range of legal issues. She formerly was a partner at Irell & Manella LLP, where her practice focused on intellectual property litigation at the trial and appellate level. Her publications include “In The Light of Reason and Experience: Should Federal Evidence Law Protect Confidential Communications Between Same-Sex Partners?” 88 Marquette L. Rev. 815 (Spring 2005). Law & Politics Magazine and Los Angeles Magazine have twice named Ms. Penfil one of the Top 50 Female Superlawyers in Southern California and one of the Top 50 Superlawyers in Orange County. Ms. Penfil earned her J.D., Order of the Coif, from The University of Southern California, where she served on the Southern California Law Review, and her A.B. in Art and Architectural History from Wellesley College. She serves on the board of the Anti-Defamation League of Orange County and Long Beach. Ms. Penfil previously was an art historian at the Wildenstein gallery in New York.
COURSES TAUGHT: Copyright Law, Ninth Circuit Appellate Law Clinic, Trademark Law
J.D. Sanchez
Adjunct Professor of Law
Chapman University School of Law
One University Drive, Orange, California 92866
J.D. Sanchez has worked at Professional Sports Planners since 1996, when he started as an intern for Michael while attending California State University Long Beach. After receiving his degree in Political Science in 1997, cum laude J.D. was hired full-time and began his career as a sports agent. He became one of the youngest certified agents in Major League Baseball when he was certified by the Major League Baseball Players Association in 1998. While working full-time at Professional Sports Planners, J.D. attended law school at night and received his Juris Doctorate from Whittier College School of Law. He has negotiated numerous amateur draft and major league contracts on behalf of Professional Sports Planners' clients.
Brian Walton
Adjunct Professor of Law
Chapman University School of Law
One University Drive, Orange, California 92866
Mr. Walton has held many positions in entertainment law including serving as Executive Director of the Writers Guild of America and of the Producers Guild of America. He has also worked with the Screen Actors Guild. Walton received his BA from Brigham Young University and his JD from the University of Utah College of Law.
LL.M. in Entertainment & Media Law REQUIRED COURSES
COPYRIGHT LAW (3 credits)
ENTERTAINMENT LAW (3 credits)
This course explores legal issues connected with the development, production, and exploitation of entertainment product, focusing predominantly on filmed entertainment and news media, to some extent on musical compositions and recordings, and incidentally on other forms of entertainment. Topics include life story and personality rights (defamation, invasion of privacy, etc.); celebrity publicity rights; profit participations; collective bargaining agreements and artistic credits; non-copyright protection of ideas; contract formation and duration; ethics and regulation of talent representatives such as agents, lawyers, and managers; and selected copyright and trademark issues. Copyright is not a prerequisite, and this class should not be considered as a replacement for the copyright course.
ELECTIVE COURSES
ACCOUNTING FOR LAWYERS (2 credits)
This course represents an introduction to accounting for students with little background in the field. Initial emphasis is on established accounting principles and the analysis of financial statements. The course's perspective is that of a business attorney using financial statements to advise clients in various legal settings (e.g., the drafting of buy-sell agreements and the valuation of businesses). Students are expected to consider state and federal privileges between accountants and their clients, as well as the professional responsibility of an attorney to a corporate client.
ADVANCED TOPICS IN COPYRIGHT LAW (2-3 credits)
This course offers an in-depth analysis of the rights and remedies afforded to copyright owners under U.S. law.
ADVANCED TOPICS IN INTELLECTUAL PROPERTY (2-3 credits)
This advanced course in intellectual property may cover topics such as patent and trade secret law, biotechnology law, copyright law, or trademarks and unfair competition.
ART AND CULTURAL PROPERTY LAW (2-3 credits)
In this interdisciplinary course we explore how the law shapes and constrains artistic expression. We will focus on the censorship of art, as well as moral rights, the right of publicity, and issues that arise in the art market: stolen art, forgeries, authentication, and agreements for the transfer and commission of works of art. The class frequently considers contemporary art controversies as a means of examining these broader issues. We will also discuss the protection of Indigenous cultural resources and religions, including tangible and intellectual cultural property, its identity, ownership, appropriation and repatriation. We will examine the various domestic legal regimes as they concern areas of Indigenous cultural property, focusing on the preservation of the cultural property of groups as a means to maintain group identity, and assert sovereignty and self-determination. (Prerequisite: IP).
FILM AND TELEVISION LAW (2-3 credits)
This course offers a detailed look at how the law affects the development, financing, and distribution of motion pictures and television programs. Because contracts play an especially important role in this field, the course will emphasize how people in the film and television business negotiate, draft, and interpret agreements. The course also examines the background rules, such as intellectual property and labor laws, that shape those agreements. Rather than court opinions arising out of litigation, the course will focus on case studies illustrating the law's role in the film and television industry.
FIRST AMENDMENT LAW (3 credits)
This course is a study of the fundamental freedoms of speech, press, association, and religion. In addition to considering the historical background, the course focuses on specific challenges in First Amendment jurisprudence, including regulation of speech in a public forum, access to the media, regulation of the press, symbolic expression, libel, obscenity, commercial speech, picketing, right of association, loyalty oaths, legislative investigations and government demands for information, separation of church and state, free exercise of religion, state aid to religious schools, and regulation of religion-based conduct.
GAMBLING LAW (2-3 credits)
This course covers the law and policy of regulating gambling, one of the fastest growing segments of the entertainment industry. The course will examine the history and current development of, as well as possible future changes to, gambling regulation in California, the United States, and other parts of the world. Topics discussed will include casino gambling, lotteries, pari-mutuel wagering, sports-betting, Indian gaming, and Internet gambling.
INTELLECTUAL PROPERTY (3 credits)
This course surveys the primary types of intellectual property under federal and state law. It emphasizes trademarks, copyrights, and patents while also addressing unfair competition, rights of publicity, trade secrets, and protection of designs. The course analyzes the rights and remedies associated with each type of intellectual property that it covers, as well as the relationships between different types of intellectual property.
INTERNATIONAL INTELLECTUAL PROPERTY (2-3 credits)
This is the introductory course in international law, covering the nature and sources of international law and its major developments. This course introduces students to the basic law of the international organizational system, including the United Nations and UN specialized agencies. The course introduces concepts of international law and how they achieve legitimacy in the international system through United Nations organs and conferences, the International Court of Justice, the International Law Commission, treaty bodies, and state practice. The law of foreign sovereign immunity and the act of state doctrine are considered along with the role of international law in the U.S. legal system and the allocation of foreign affairs powers between the President and Congress. Selected topics that may be explored include international claims (including expropriation law), human rights, norms governing the use of force, and the law of the sea and environmental issues.
LABOR LAW (3 credits)
This course examines the statutes, judicial decisions, and decisions of the National Labor Relations Board (NLRB) affecting employer/union relations. Topics include the union election process and other means to determine whether employees want to be represented by a union; collective bargaining negotiations between unions and employers; union strikes, picketing, and boycotts, and employer lockouts and other responses to union activity; and the impact of these laws on business mergers and acquisitions.
LAW AND PRACTICE OF THE HOLLYWOOD GUILDS (3 credits)
This course deals with state and federal law related to the most important unions in the entertainment industry, the so-called “Hollywood Guilds” which include the Writers Guild of America (WGA), the Directors of Guild of America (DGA), the Screen Actors Guild (SAG), and the American Federation of Television and Radio Artists (AFTRA). Students will consider a wide variety of legal issues and practices related to managing the creation, production and distribution of intellectual property and the division of the income it generates. The course will also examine collective bargaining agreements of the Hollywood Guilds with regards to the employment of actors/performers and directing teams and screenwriters, as well as the financing of projects and the regulation of agents.
NEGOTIATING AND DRAFTING MEDIA INDUSTRY TRANSACTIONS (3 credits)
This course provides a detailed review analysis of the attorney’s role in media transactions, as well as practical experience in drafting documents and communications, from the inception of an original idea through distribution via new media technology. The course includes a review of copyright and personal rights and an analysis of the contracts necessary for the protection and acquisition of those rights; analysis of employment contracts for actors, directors and crew; discussion of media finance and distribution; and a look at the role of unions, guilds, agents and managers. Through a series of increasingly complex exercises, each of which receives detailed comments, students maintain client files for three separate transactions, which include research, correspondence, and drafting of contracts. Students draft contracts based upon information provided in class and a client interview. Students also practice the negotiation of drafting contracts via redline and in person.
MUSIC PUBLISHING AND LICENSING (2-3 credits)
This course explores the contractual issues that surround the publishing and licensing of music, spoken word, and music synchronized with moving pictures. Students will study general copyright issues, publishing and administration, licensing, performing rights organizations (ASCAP, BMI, etc.), and digital (internet) rights. Students will apply skills learned in intellectual property, agency, and other introductory courses. Topics within the course can include: sources of music - writers vs. publishers; commercials & jingles, copyright filing; mechanical, synchronization and master licensing; residual royalties; establishing & administering a publishing company; music libraries; sub-publishing; public domain works; foreign royalties; venue licenses; and producer points. To fully understand these topics students may be exposed to an overview of record label positions, (music director, music supervisor, director, contractors, A&R, copyists, marketing, promotion, publicity, etc.), AFM agreements, sessions sheets, sample re-use fees, compilation albums and soundtracks. (Required Prerequisite: IP; Recommended Prerequisite: Agency & Partnership)
NEW MEDIA AND THE ENTERTAINMENT INDUSTRY (2-3 credits)
In this course students will examine some of the newest media formats such as cell phones, ipods, digital cinema, video games and the Internet and their impact on traditional systems of media production and distribution. Topics may include the effect of new technology on the value of libraries and catalogues of older media, the impact on film and television, and protection of copyright and intellectual property. Course speakers may include industry representatives and practicing entertainment law attorneys.
PATENTS AND TRADE SECRETS (2 credits)
This advanced course in intellectual property covers topics related to patents and trade secrets.
SPORTS LAW (2-3 credits)
This course will cover selected legal issues in amateur and professional sports including player draft and option systems; labor and employment relations in professional sports; eligibility and discipline issues; agents and player representation; inter-league disputes; buying and moving teams; sex discrimination in sports; and Olympic competition.
TAXATION OF INTELLECTUAL PROPERTY (1-2 credits)
This course examines the special tax rules affecting the development of, investment in, and transactions involving copyrights, trademarks, trade names, patents, trade secrets and other forms of intellectual property. The course will discuss the issues that face the creative person (such as an inventor, writer, composer or artist) and those who finance, invest in or use the intellectual property. (Prerequisite: Income Taxation for LL.M. Students.)
TRADEMARKS AND UNFAIR COMPETITION (2 credits)
This advanced course in intellectual property covers topics related to trademarks and unfair competition.
WORKING WITH FILMMAKERS CLINIC (3 credits)
This course will provide students with the opportunity to work with ultra low budget independent filmmakers. Students will apply the drafting and negotiating skills learned in negotiating and drafting media industry transactions to prepare documents and contracts as may be needed for the development and production of a feature film. Students interview the filmmakers and file the script for copyright, set up the limited liability company, and draft all production contracts, including an employment agreement for the director, actors and crew and contracts for locations and music. Clinic students receive an on-screen credit for each film. Clinic students work closely with supervising faculty and with each other to complete all of the production legal work on 2-5 films each semester.
Contact Us
Chapman University School of Law
LL.M. Programs
One University Drive
Orange, CA 92866
(714) 628-2635
(714) 628-2655 fax
llm@chapman.edu
|
