Music Law: Analytical and Client Management Skills (SC)

The music industry has encountered significant change over the past few decades and continues to change daily, from file-sharing services to digital streaming. Changes always raise significant legal issues from contract law, tort law, intellectual property laws, corporate law, and even criminal law. This course will examine the complex business, financial and legal aspects of the music industry, from creation of musical composition to delivery of music to the public. The course will cover various business models, the legal impact of the Music Modernization Act, contract negotiation, and intellectual property ownership, licensing and infringement in the music industry. In this course, students will learn how to analyze client goals, manage client preferences and risks, negotiate and structure agreements from opposing viewpoints, and provide comprehensive legal services to different players in the music industry. First, we will review specific legal rights involved in music creation and ownership, including copyright, trademark, rights of publicity/privacy, and contract law. Materials will include text selections, statutes, cases, sample contracts, and sample copyright/trademark applications. Issues we will discuss include: Who owns the name of the band? Who owns a song created by multiple artists/producers? What kind of license does online music use need? Where does an artist’s heir look for royalties for music played on the radio? Who owns the music created by artificial intelligence? Second, students will examine and discuss evolving relationships around the creation and exploitation of music, including songwriter/ publisher; publisher/record company; performing artist/record company; record company/distribution chain; and copyright owner/infringer. Materials will include cases, sample agreements, text selections, and supplementary written materials such as the Music Modernization Act. Other miscellaneous contracts will include: endorsement agreements, merchandising agreements, sponsorship agreements, management contracts, and film agreements. Students will also perform real-world exercises and assignments such as preparing short memos for clients highlighting goals and risks, reading and drafting short contracts, and preparing copyright or trademark applications.