LAW > Academic Programs > Emphasis Programs > Entertainment Law > Course Descriptions Chapman University School of Law
 
 
   

CHAPMAN ENTERTAINMENT LAW PROGRAM:
COURSE DESCRIPTION

CORE COURSES

Entertainment and Media Law (2 or 3 units)
This course provides an interdisciplinary examination of entertainment and media law. Specific units of the course will focus on constitutional questions involved in the regulation of creative content, applications of the fair use doctrine to technological developments such as movie editing and digital sampling, antitrust concerns over practices by entertainment and media conglomerates, relationships between the talent and business sides of the industry, and recent controversies involving the protection of intellectual property on the Internet. Students will be required to draw upon and further develop a variety of skills, including substantive analysis, practical research, formulation of advice, and participation in various kinds of oral discussion.

Intellectual Property (3 units)
This course will survey the law of intellectual property, including trademark, copyright, patent and related doctrines. Specific units will focus on the world trade implications of the global intellectual property regime, the future of intellectual property protection on the Internet, copyright and the arts, the intersection of constitutional and intellectual property law, the particular role of the Federal Circuit in patent law, and the increasing importance of business method patents. Overall, the course seeks to examine the role of intellectual property law in the information age and its effects on scientific innovation, economic competition, democratic debate, cultural formation and international politics.

SPECIALITY COURSES

Film and Television Law (2-3 units)
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.

Gambling Law (2-3 units)
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.

International Entertainment Law (Seminar) (2 units)
This course concerns law and policy of creating and distributing entertainment goods and services across national boundaries. Topics will include: the acquisition and enforcement of copyrights, trademarks, and rights of publicity; financing, both private and public; production, with particular emphasis on the costs and benefits of filming abroad; and the challenge of distributing works under various levels of censorship. Students will make in-class presentations and write final papers on approved topics.

Law and Practice of the Hollywood Guilds (3 units)
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.

Music Publishing & Licensing (2-3 units)
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 or 3 units)
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.

Sports Law (2-3 units)
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.

Video Games and the Law (2-3 units)
The course addresses the wide variety of legal issues that affect the video game industry, a large and growing part of the entertainment world. In covering the creation of video games, the course discusses the impact of intellectual property rights, employment and labor regulations, and content and cross-licensing agreements. In terms of marketing, the course examines how far the First Amendment goes in protecting video games from censorship. The use of video games raises still other topics for the course to consider, such as video game makers' tort liability for real-world wrongs and players' rights to virtual property. (Recommended Prerequisite: IP)

CLINICAL AND DRAFTING COURSES

Entertainment Contracts and Negotiations (2 or 3 units)
This seminar offers an overview of entertainment law as it relates specifically to negotiating contracts in the entertainment industry. Negotiations will be analyzed from the point of view various parties, including talent, studios, independent producers, writers, financiers and distributors. Students will review and negotiate contracts which may include: purchasing a screenplay, securing services from actors, directors, and other film and television talent, and licensing the use of pre-recorded music. Students will also learn the basic terms for production, financing and distribution agreements, the role of the various unions and guilds, and explore the role of 'new media' in contract negotiations and drafting.

Entertainment Law Externship (3-5 units)
Externships in the entertainment industry give students the opportunity to put their classroom learning into context, gaining valuable experience in the field while forming important mentoring relationships.  Students can earn 3, 4, or 5 units working in the in-house legal departments at places like VH1, SpikeTV, Warner Brothers, Summit Entertainment, the Screen Actors Guild, Independent Film & Television Alliance, the Los Angeles Angels of Anaheim, the Association of Surfing Professionals, and many more.  For more information on the externship program, including what type of placements qualify for credit and how to apply, see the Externship Program page (http://www.chapman.edu/law/programs/externships.asp) or the Externship Program course listing (http://www.chapman.edu/law/programs/courses/electives.asp), or the Externship Program TWEN page (current students only)  (http://lawschool.westlaw.com/manage/homepage.aspx?courseid=33468)

Movie Making and the Law (3 units)
This course provides a detailed review and analysis of the contracts involved in the making of a documentary, short film, low budget feature film, or big budget studio film. Students will have hands-on experience with contracts from the inception of an idea for a film to pre-production, production and distribution, including contract drafting and negotiations. The attorney's role throughout the movie making process will be examined. Students may have the opportunity to draft contracts for films currently being produced by Masters of Film Arts (MFA) students from Chapman's Dodge College of Film and Media Arts.

Working with Filmmakers (3 units)
This course will provide students with the opportunity to work with low budget independent filmmakers. Students will apply the drafting and negotiating skills learned in Movie Making and the Law to prepare documents and contracts as may be needed for acquisition of rights, financing, and production - including hiring talent and crew and releases. The films will be chosen based upon recommendations from entertainment industry organizations such as the Directors Guild of America, Women in Film and the American Film Institute. Students will meet to discuss drafting and negotiating challenges and issues and the role of the production attorney in advising a filmmaker or production company. Prerequisite is Movie Making and the Law.

INTELLECTUAL PROPERTY COURSES

Advanced Topics in Copyright Law (2-3 units)
This course offers an in-depth analysis of the rights and remedies afforded to copyright owners under U.S. law.

International Intellectual Property (2-3 units)
This course addresses the law and policy of international intellectual property. From a domestic point of view, it analyzes how local courts and legislatures enforce international intellectual property rights. From a more general point of view, the course examines a variety of treaties, such as the Berne and Paris Conventions, TRIPS, and NAFTA, and the mechanisms of international dispute settlement. The course will also compare U.S. and foreign intellectual property regimes and discuss cross-border licensing issues. (Recommended Prerequisite: IP)

Trademark Law and Prosecution (3 units)
This advanced course in intellectual property covers topics related to trademarks and unfair competition under both federal and state law. Subjects include trademark clearance, registration, domain name disputes, trade dress, brand protection and rights of publicity. The course analyzes the enforcement rights and remedies associated with trademark litigation. It also emphasizes the relationships between trademark law and other types of intellectual property.

Trademarks and Unfair Competition (2 units)
This advanced course in intellectual property covers topics related to trademarks and unfair competition.

RELATED COURSES

Art and Cultural Property Law (2 units)
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).

First Amendment Law (3 units)
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.

Internet Law (2-3 units)
This course explores the legal issues arising out of the Internet's growing role as a personal, commercial, and public forum. Topics include Internet commerce, intellectual property issues, domain name rights, jurisdictional puzzles, and free speech on the Internet. Students need no technical expertise beyond knowing how to use electronic mail and the World Wide Web.

Law and American Culture (2 or 3 units)
This course explores both the historic and contemporary relationship between law and American culture with emphasis upon the impact of change. Focus is upon news reporting, film, theatre, literature and art. Students prepare and present a paper on selected topics including historic events, contemporary films, legal myths and legends, the evolving nature of the legal profession, and the legal challenges of change.

Law and Literature (Seminar) (2 or 3 units)
This seminar critically explores some of the broader themes of legal education via the prism of literature. Through the works of such writers as Kurt Vonnegut, Paul Auster, Jorge Luis Borges, Kate Chopin, Donald Barthelme, Susan Glaspell, Charlotte Perkins Gilman, Tim O'Brien, Philip K. Dick, Mark Twain, Truman Capote, Flannery O'Connor, and Thomas Pynchon, the course uses the short story format as a vehicle to analyze the discursive subtexts of our jurisprudence. Specific units of the class focus on our notions of equality, the law's ability to respond to technological change, law and morality, the construction of guilt and innocence, fact-finding and investigation, insanity and reason, evidence and memory, and the law of the family.

Law, Lawyers, and the Legal System in Film (3 units)
The class focuses on film portrayals of law, lawyers, and the legal system as a means of exploring questions of public policy, jurisprudence, professional responsibility, and even personal philosophy and psychology - all through the lens of filmic storytelling and filmmaking technique. Topics to be discussed include the adversary system, ethical dilemmas, various lawyer-character archetypes, the jury system, the role of judges, the tension between popular notions of justice and certain legal regimes, and the strengths and limits of the legal system as a means of resolving disputes and providing remedies.

 
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